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REVISED 

MANUAL 

OP THE 



ELECTION LAW 



DEP* 



INDIANA. 



.7 P. I)UNJS\ Jr 



INDIANAPOLIS: 

WM.B. BCRFORD, CONTRACTOR FOB STAT1 PRINTING AND BINDING. 

1891. 



Copies of this Pamphlet can be obtained at your County Auditor's Office. 



fh 



PREFACE 

TO REVISED EDITION. 



The General Assembly of 1891 passed two laws affecting the 
ballot reform law of 1889. The first of these (Acts, p. 124, 
Chap. 94) amends Sections 2, 15, 19, 23, 26, 29, 34, 44, 45, 46, 
47, 49, 52 and 65 of the original law. The second (Acts, 
p. 350, Chap. 144) is substantially a re-enactment of Section 13 
of the original law, which had been held unconstitutional by 
the Supreme Court (125 Ind., p. 281), with such amendment as 
would meet the objections of the court as far as possible. Both 
laws will be found in the appendix, the amended sections of the 
first being placed in their regular order in the body of the law. 

All of the amendments, with the exception of those in Sec- 
tion 46, are designed to perfect, cheapen and simplify the sys- 
tem by removing minor objections that had been found in the 
practical application of the law. Section 46, which was intro- 
duced by amendment during the passage of the bill, is aimed 
to meet the constitutional objections to the law urged by Gov. 
Ilovey in his message to the Legislature. In order to facilitate 
an understanding of the alterations made in the law the fol- 
lowing summary is submitted of the several amendments in 
their numerical order, together with mention of the objection- 
able features they were designed to correct: 

Section 2. The amendment limits the number of publica- 
tions of notices of change in precincts to one insertion. The 
original section was construed in some counties to require pub- 
lication for one. month, and the object of the amendment is to 
cut oil' this unnecessary expense. 

Section 15. The amendment provides that Election Sheriffs 
shall be paid for each day actually employed, the same as 
members of the Election Boards, instead of for but one day, 



4 MANUAL OF 

as in the original act. Also, that political parties may pay one 
challenger and one poll-book holder (who are to be nominated 
in writing) in each precinct, not to exceed three dollars each, 
for services at any election. Much difficulty was found in 
inducing any one to serve in these capacities in some precincts, 
and there appears no reason why they should not receive some 
compensation for their onerous duties. 

Section 19. The amendment provides that a candidate nom- 
inated by convention can not have his name printed twice on 
the ballot if nominated also by petition. In a few instances 
nominees of political parties were believed to have secured 
nominations by petitions as supposititious indorsements of their 
candidacy from independent sources. This practice, if generally 
adopted, as it probably would be when other politicians caught 
the idea, would make the ballots too large for convenient use. 

Section 23. The amendment limits the number of publi- 
cations of the lists of nominees by the County Clerk to two 
insertions. The object of the amendment is to reduce expense. 

Section 26. The amendment abolishes the square in front of 
the title of each party, and provides for a large square, at least 
one and one-half inches on each side, to be placed around the 
device or emblem of the party. Also that the names of candi- 
dates shall be printed three-fourths of an inch apart and the 
squares in front of them shall be three-eighths of an inch on 
each side. Many votes were lost in the last election because 
voters stamped the emblem when desirous of voting a straight 
ticket. Under this section, and Section 45, the emblem is made 
the place for stamping for a straight ticket. The next greatest 
source of confusion was the small size of the squares and the 
fact that they were placed too close together. It is believed that 
these amendments, together with those of Section 45, will do 
away with most of these difficulties. 

Section 29. The amendment doubles the time allowed the 
State Board of Election Commissioners for distributing ballots, 
and provides, in addition to supplies formerly furnished, that 
the Board shall send a package containing 2,000 ballots and 
twelve stamps to each county, to be used in case the supply for 
any precinct should be lost or destroyed. The original act made 
no provision for a new supply of State ballots except at the 



THE ELECTION LAW. 5 

Section 84. The amendment provides that the initials of 
the poll clerks shall be written on the upper right-hand corner, 
instead of the lower left-hand corner. The object is to prevent 
tearing off the emblem of a party as an evidence of the way a 
ballot is voted. 

Section 44. The amendment permits employers and em- 
ployes to agree on the four hours allowed for voting, instead of 
restricting them to the first four hours of the day. The object 
was to avoid the inconvenience which in some cases resulted 
from using a fixed time. 

Section 45. The amendment restricts and specifically defines 
the mode of stamping the ballot. The large square surround- 
ing the device may be stamped to vote a straight ticket, and 
for this purpose only. If the large square is stamped, every 
name under it is voted for. If the large square is stamped, a 
stamp elsewhere on the ballot makes it void ; and to this there 
is but one exception : If there should be no candidate for one 
or more offices under a large square thus stamped, it is permis- 
sible to stamp in front of the name of a candidate on some 
other ticket for such office, but no other. This leaves but one 
method of u scratching." The voter who does not desire to 
vote a straight ticket must, stamp the square in front of the 
name of each candidate for whom he desires to vote. A stamp 
that touches a square must be counted on that square. A stamp 
that touches no square makes the ballot void. Also, a voter 
who folds his ballot improperly, but does not disclose the face 
of the ballot, must be sent back to the booth to fold his ballot 
properly. The object of these amendments is to do away with 
the confusion that arose from having two methods of scratch- 
ing, and to settle what were matters of dispute in the last 
election. 

Section 46. The matter is entirely new. It provides that 
the voter who desires to vote for a candidate whose name is 
not on the ballot may have printed such a ticket as he desires 
to vote, and may, while in the booth, paste this over any ticket 
on his ballot, and then stamp in front of the .names for which 
he desires to vote. The size, form and arrangement of the 
paster are minutely prescribed, and any variation from the reg- 
ulations makes the ballot void. If the paster contains no 
name not on the ballot as a candidate for the same office, or if 
any name not on the paster is stamped, the ballot is void. The 



6 MANUAL OF THE ELECTION LAW. 

ballot must be folded so that it will not show that it contains a 
paster. The section should be carefully studied by any one 
who desires to use a paster of this kind, for the greatest care 
will be necessary to make the vote lawful. The object of the 
amendment is to avoid the supposed constitutional objection 
that the original law did not permit the voter to vote for any 
person he desired to vote for, whether lawfully nominated or 
not. 

Section 47. The section merely consolidates Sections 46 and 
47 of the original law, to make room for the new section 46. 

Section 49. The amendment is a provision of penalty for 
marking, mutilating or defacing a ballot by a member of an 
election board or other person lawfully in custody of ballots. 
The original law contained no provision of this character. 

Section 52. The amendment specifies who may be admitted 
to the election room. The object is to settle the dispute con- 
cerning the admission of " watchers " by excluding them. 

Section 65. The amendment provides for separate ballots 
for each ward or district in city and town elections, and also 
makes a more specific assignment of duties in connection with 
such elections. The original act made no provision for more 
than one ballot, and was subject to doubt as to who should 
perform certain duties. It would be almost impossible to hold 
a city election, when a dozen or more councilmen are to be 
elected from various wards, without having a ballot for each 
ward. 

The registration law, as amended, omits the requirement of 
an auditor's certificate of taxable property for persons out of 
the State on business of the State or the United States ; and 
makes the period of registration end fifty-nine days before the 
election instead of ninety days. The wording of the notice 
makes it a claim of legal residence, and it is required only in 
cases when absence from the State or county, or the exercise of 
suffrage in another sovereignty, might properly throw doubt 
on the citizenship of the voter. The subject-matter of the 
manual has been revised to conform with the amendments. 
There has been added to the appendix the instructions agreed 
on by the joint committee of the Democratic and Republican 
parties in the campaign of 1890, which proved satisfactory then 
and which will probably be followed hereafter, in so for as not 
done away with by the amendments. 



Introductory, 



Tho length of the general election law, of March G, 1889, 
has prevented that general examination of its provisions which 
its importance would otherwise have occasioned, and in conse- 
quence two erroneous ideas concerning it have "become some- 
what prevalent, viz. : (1st) that it does not provide for the reg- 
istration of voters, and (2d) that the system of balloting pro- 
vided by it is complicated. An examination of the law will 
dispel both errors. 

"While the law does not require repeated registration of citi- 
zens who reside continuously in the same county from one gen- 
eral election to another, it does require the registration of 
every person who moves into any county within six months 
preceding an election, whether he previously resided within 
the State or not, and also of every person who having once 
been a citizen of Indiana shall have voted in another State, or 
shall have gone to another State with the intention of voting, 
or shall have been absent from the State for a period of six 
months. The registration is required to be made at least fifty- 
nine days before an election. This system is a departure from 
ordinary registration laws, and is designed to cut off absolutely 
false declarations of residence and the importation of voters. 

To a person who had no acquaintance with either system, 
the new law would present no greater difficulties than the one 
now in force. In fact the chief difference between the two is 
that a part of the work performed by political parties, in elec- 
tions heretofore, is now assumed by the State, and the offenses 
against pure suffrage are more explicitly denned and more 
severely punished. Hereafter, the preparation and distribution 
of ballots, the "preservation of order" at the polls, and the 
"instruction of ignorant voters," will be performed by sworn 
officers of the State, and not by irresponsible agents of polit- 
ical parties. Challenging voters and electioneering at the polls 
are regulated and restricted. The right of nomination of 



8 MANUAL OF THE ELECTION LAW. 

election officers by the leading political parties is now given by 
law as it has heretofore been given by agreement between them. 
The really new features of the new system are the registration 
of voters and the secrecy of the ballot. 

The length of the' law is occasioned mainly by minute detail 
in provision for each step of the election, but on inspection it 
will be seen that about one-third of it is merely re-enactment 
of the law now in force, with such slight changes as were 
needed to harmonize it with the secret ballot or Australian 
system. Nearly an equal amount consists of penal provisions, 
which have been made for every conceivable offense against 
pure suffrage. If any citizen contemplates doing any fraudu- 
lent act in connection with an election — any act which his con- 
science should tell him is wrongful ; any act which he instinct- 
ively feels it would not be well to do openly — he may be sure 
that act is made a penal offense by this law. 

As the new law covers the greater part of the subjects of 
preparation for the election and holding the election, its pro- 
visions affect various officers to some degree, while the mass of 
it has no reference to any particular one of them. The object 
of this manual, as set forth in the resolution requiring it, is to 
collect separately the provisions as to each officer or board of 
officers, and as to the elector. The arrangement made herein 
is, first, the description of the polling place, next the duties of 
the voter, and following the duties of the various officials in 
alphabetical order. The duties of each officer are specified in 
the order in which they must be performed. It must be 
remembered that the new law repeals existing laws only so far 
as they are inconsistent with its provisions, and all officers should 
therefore make careful examination of the entire legislation in 
order to ascertain their duties. The new laws, and so much 
of the old laws as remain in force, are appended hereto. The 
index covers both the manual and the laws. 

Two errors made in the enrollment of the general election 
law should be noted by those concerned, as the true reading in 
both cases is apparent from the context. On p. 62, Sec. 58, 
line 3, the figures "47" should be "57." On p. 63, Sec. 60, 
line 20 the word "Inspector" should be " elector." 

When not otherwise specified, references in the body of the 
manual are to sections of the new general election law. 



THE POLLING PLACE. 



The arrangement of the polling place under the new system 
is seen in the following diagram, which shows the most con- 
venient method for an ordinary country school house : 



1" 






w. 

B 
~B™ 

T 
w 


0- 

F 

w 




E 




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~W 





A. Table for Election Board. 

B. B. B. Booths where ballots are 
marked. 

C. Challenge window. 

D. Door. 

E. E. Chute through which the voter 
must enter. 

F. Hailing separating the Election 
Board from the voters. 

W. W. Windows. 



The chute is a passage way with a " railing, rope, or wire " 
on either side, extending 50 feet away from the challenge win- 
dow. The direction is not material, but as all persons except 
election officers and challengers are required to keep 50 feet 
away from the polls, when not voting, it will he best to have it 
run directly out from the building when this can be done con- 
veniently. The place occupied by the Election Board must be 
separated from the remainder of the room by " a railing," which 
must include the challenge window. The booths in which 
ballots are marked are three in number. They may be made 
with or without doors. All that is necessary is that the voter 
shall mark his ballot " screened from observation." The sides 
and back must be made solid, without cracks or knot-holes. 
Convenient dimensions would be three feet wide, four feet deep, 
and eight feet high. The shelf or counter should be placed 
across the back of the booth, about three and one-half feet 



10 MANUAL OF 

above the floor, and should be one to one and one-half feet 
broad. The booths may be placed in a row or separated. Their 
Location in the room is immaterial, but they must be so placed 
that "all the members of the Election Board can see whether 
more than one voter enters," i. e., the entrances of the booths 
must be placed towards the Election Board. With the excep- 
tion of the usual table and chairs for the Board, no other fur- 
niture is needed. ( Sec. 40. ) 

DUTIES OF THE VOTER. 

The duties of the voter are few and simple. The great ma- 
jority have only to vote. A few will be compelled to register, 
and some will have to " swear in " their votes. 

Registration. The voter must register at the County Clerk's 
office at least fifty-nine days before the election — 

1. If having been a resident of Indiana and a qualified voter 
at any general election therein, he has been absent from the 
State six months or more since last voting. 

2. If since last voting in Indiana he has gone into another 
State or sovereignty with the intention of voting therein. 

3. If since last voting in Indiana he has voted in another 
State or sovereignty. 

4. If he has not been a bona-jide resident of the county in 
which he resides for six months previous to the election. The 
registration should be made after the County Commissioners 
have established the precincts. The certificate of registration 
must be taken to the polls, as the voter can not vote unless he 
produces it on demand of a challenger. (Sees. 13 and 41.) 
This registration need not be made if, prior to leaving the State, 
the voter files with the County Clerk a notice of his intention 
to hold residence in Indiana. ( Sec. 13. ) It should be remem- 
bered that registration does not qualify a voter who lacks the. 
constitutional qualifications or excuse him from proof of quali- 
fication if challenged. It is merely an additional proof of 
qualification required in certain cases. 

Swearing in Vote. Each elector votes in the precinct in 
wliieh he lives, i. e., the one in which he lodges or sleeps, and 
none other. On going to the polls he must pass through the 
chute to the challenge window, and if challenged must make 
aifid jal voter at that precinct, He is then. 



THE ELECTION LAW. 11 

entitled to vote unless the challenger or some other person 
makes an affidavit that he is not a legal voter, in which case 
he must bring a witness who has been a freeholder and resident 
householder of the precinct for one year, or a resident house- 
holder for two years, and who, of n knowledge, will 
r that the person offering to vote is a legal voter of the 
inct. The printed forms for the affidavits will he furnished 
by the Election Board, and the Inspector will administer the 
oaths. (Sees. ,\ 41, 55.) 

VotixCt. After being passed by the challengers, or sworn in. 
the voter passes on through the chute to the door of the elec- 
tion room. TYnen admitted he announces his name to the Poll 
a and receives from them copies of the State and local 
ballots and a stamp. If he wishes any information as to the 
manner of voting the Poll Clerks will give it. He must not 
hold any conversation in the election room with any one but 
members of the Election Board. The voter goes alone into 
one of the booths that is unoccupied. If he wishes to vote a 
straight ticket he marks with the stamp in the large square sur- 
rounding the emblem or device of the party with which he votes. 
He -hould stamp but once on any square, and when the large 
square is stamped he must not stamp elsewhere on the ballot. 
unless there is no candidate for some office under the square 

.ped. in which ease he may stamp in front of the name of the 
candidate for that office on some other ticket. If he desire 
vote a mixed ticket, or to omit entirely one or more offices, he 
must stamp in front of the name ol lidate for whom 

he desires to vote. There is no other method of - scratching." 
When the ballots are stamped, and before leaving the booth, 

voter must fold each ballot separately so that the initials 
of the Poll Clerks on the back will - ne of the 

names on the ballot can be seen. lie then comes uut of the 

th and returns the stamp to the Poll Clerk and the folded 
ballots to the L - 11 m 

ballots but th P "> rk$. It is 

- r a lawful ballot to ; 

having in !•'■ '>• a 

holly. 

\tiary and disfi 
Bee. 32 

If the voter declares that he can not read English, or is blind 



"J2 MANUAL OF 

or otherwise physically unable to stamp his ballots, the Poll 
Clerks will stamp them for him; a false declaration is punisha- 
ble by fine and disfranchisement. He must not show his ballots 
to any person or attempt to see the ballots of any other voter. 
He must vote the ballots he receives from the Poll Clerk, and 
can not leave the room before voting. He must not mutilate, 
tear, deface, or in any way mark his ballots ; and if he should 
accidentally do so he must report it at once to the Poll Clerks, 
who will give him a new ballot. Severe penalties are provided 
for doing, or attempting to do, any of these acts. (Sees. 45, 47, 
48, 49, 50, 60.) Printed directions for voters will be found 
posted about the polls, but each voter should read the law care- 
fully, especially the penal provisions. 

Paster Tickets. If the voter desires to vote for some per- 
son whose name does not appear on the ballots officially pre- 
pared, he must have printed a ticket containing the names for 
which he desires to vote. This ticket must correspond exactly 
to the tickets, or lists of candidates, on the ballot, in size, form 
and spacing. It must be printed on white paper in black ink. 
It must contain a complete list of the offices to be filled, 
arranged in proper order, and the name of a candidate for each 
office, notwithstanding the voter may not desire to vote, for any 
person for one or more offices. It must contain no other print- 
ing than this, no heading, no writing, no blank spaces, no dis- 
tinguishing marks of any kind. It must be gummed on the 
back and pasted on the ballot over one of the tickets, or lists 
of names, so that each name will be immediately to the right 
of the square designed to be stamped in voting for the office 
for whicn the person bearing that name is a candidate. The 
pasting must be done in the booth, and must be so done that 
when the ballot is folded it will not show that it contains a 
paster. The voter must next stamp the square in front of each 
name for which he desires to vote. He must not stamp the 
large square at the head of the paster, nor anywhere on the 
ballot except on the squares to the left of the paster ticket. 
After stamping, the ballot must be folded and voted as other 
ballots. (Sec. 46.) The voter who contemplates using a paster 
ticket should examine Section 46 very closely and use the 
greatest care in voting, as it is very difficult to cast a legal vote 
in this way. 






THE ELECTION LAW. 13 



AUDITORS. 

Furnishing Blanks. The County Auditors are required to 
prepare and furnish all necessary poll-hooks and blanks, as 
under the present law. ( Sec. 6. ) Special forms required under 
the new law will be found in Sections 7, 9, 41 of the general 
law and Section 5 (p. 75) of the bribery law. 

Publication. "When the Board of County Commissioners 
makes an order for the opening of the polls in any precinct at 
6 o'clock a. m. the Auditor must make publication of the same 
for three weeks in two newspapers of general circulation, rep- 
resenting the two leading national political parties. ( Sec. 12.) 



BOARDS OF COUNTY COMMISSIONERS. 

Establishing Precincts. The first duty of County Commis- 
sioners under the new law is the division of the several town- 
ships into voting precincts of 2C0 voters each, as nearly as 
practicable, but no precinct may contain more than 250 voters. 
This requirement is mandatory, and compliance with it maybe 
enforced by the courts on application of any qualified voter. 
The session at which the division must be made is the one con- 
vening on the first Monday in June, 1890. ( Sees. 1 and 67. 
The Attorney-General gave an opinion to this effect on May 
28, 1889.) The precincts must be limited to 250 voters there- 
after, the necessary changes being made at the June term of 
each year. When any change is made notice must be given 
by one publication one month before the succeeding election. 
The original division and all changes must be reported to the 
County Clerk and to the Governor. (Sees. 1 and 2.) 

Inspectors. At its June term the Board of County Commis- 
sioners must appoint an Inspector for each election to be held 
during the ensuing } r ear, for each precinct in which no Town- 
ship Trustee resides. The same person may be appointed 
Inspector for each of the elections, but the law does not provide 
for a general officer. Care should be taken as to the qualifica- 
tions of the persons selected, as prescribed in Sections 3, 4 and 



14 .MANUAL OF 

7. One week before each election a special session must be held 
and all vacancies in the office of Inspector must be filled. 
Vacancies occurring within one week of the election must be 
filled at called sessions, or at a regular session if one should 
occur. (Sees. 3 and 4.) 

Time of Opening Polls. At its June term the Board of 
County Commissioners must, on the petition of " twenty legal 
voters and householders of any precinct," order the opening of 
the polls in such precinct at 6 a. m. at the election designated. 
On making this order they must direct the Auditor to make 
publication of the same. (Sec. 12.) This provision has no 
reference to cities and incorporated towns of one thousand or 
more inhabitants, as shown by the last United States census, 
in which the polls are required always to be opened at 6 a. m. 

Ballot Boxes. Prior to each election the Board of County 
Commissioners must provide one red and one white ballot-box 
for each precinct in the county. As the use of the ballot-boxes 
ends with the counting of the votes, they should be collected 
immediately after each election and preserved for future use. 
The style of the ballot-box is left to the discretion of the Com- 
missioners, except that it must have two locks of different kinds, 
and an opening in the lid, "sufficient only for a single ballot." 
(Sees. 10 and 11.) 

Polling Places. Prior to each election the Board of County 
Commissioners must secure in each precinct a suitable place for 
holding the election, and furnish it as described heretofore, 
(p. 9.) The election room selected must not be one in which 
spirituous, vinous or malt liquors are kept or sold. (Sec. 40.) 

Allowances. The Board of County Commissioners must 
provide for the expense of furnishing the polling places and 
holding the elections, including the sums allowed by the law 
to various officers for duties performed by them. (Sees. 10, 12, 
13, 15, 17, 23, 30, 35, 38, 40.) 



THE ELECTION LAW. 15 



CANDIDATES. 

Electioneering. The general law, the bribery law and the 
. primary law contain stringent provisions against the use of 
money or anything of value to influence voters, directly or in- 
directly, either in nominating conventions or in elections. 
They are equally stringent as to hiring "workers." Any vio- 
lation, direct or indirect, subjects the candidate to fine, impris- 
onment, and challenge as a voter. It also prevents him from 
holding the office to which he is nominated or elected, disfran- 
chises him, and makes him liable to the person hired or bought 
in the sum of $300. It is not safe for a candidate to enter a 
campaign without carefully examining the new laws, and it 
will be found advantageous to know the provisions, as the 
penalties prescribed will be sufficient answer to the parasites 
who will demand money of him. Particular attention should 
be given to the affidavit that may be required of the candidate 
before voting, (p. 75.) 

Place on Ballots. The candidate, whether nominated by a 
convention or by petition, should see that the proper petition 
or certificate of nomination is filed with the County Clerk or 
the Governor, in accordance with the provisions of Sections 18, 
20 and 21. This is necessary in order to have the candidate's 
name placed on the ballots. If nominated to fill a vacancy 
after the ballots are printed, he should see that the Chairman 
of his Central Committee furnishes pasters to the election 
boards. (Sec. 27.) A candidate nominated by convention can 
not have his name repeated on the ballot in a ticket nominated 
by petition, but may elect the list in which it shall appear. 
(Sec. 19.) 



CHAIRMEN OF COUNTY CENTRAL COMMITTEES. 

Nomination of Election Officers. The Chairmen of the 
County Centra] Committees of the two leading political parties 
of the State have the right of nominating officers for each 
election, as follows : 

Thirty days before the election, an Election Commissioner, 
(Sees, 16 and 170 



1G MANUAL OF 

One week before the election, a Judge for each precinct. 
(Sees. 3 and 4.) 

Five days before the election, an Election Sheriff for each 
precinct. ^See. 15.) 

Four days before the election, a Poll Clerk for each precinct. 
(Sec. 5.) 

Before the election, a challenger and a poll-book holder 
should be appointed for each precinct. (Sees. 15 and 41.) 

Care should be had as to the necessary qualifications of the 
persons named for these offices. The appointments of the 
challengers and poll-book holders and the nominations of E 
tion Commissioners must be in writing, and the nominations 
of other officers should be. In order to avoid controversy all 
nominations should be delivered in person or by messenger. 

anamination of Candidates. In case of the death, removal or 
resignation of any candidate before the election, and after the 
ballots are printed, the chairman of the proper committee is 

empowered to nominate another in his place, and to fur 
pasters to the election boards of the various precincts. In- 
dividual pasters are not used for any other purpose. The power 
of nomination is thus given for use in emergency. It is. of 
course, expected that a chairman will follow party usage by call- 
ing a special nominating convention, or session of his committee. 
if there be sufficient time after the vacancy occurs. If the va- 
cancy occurs before the ballots are printed, the same power is 
given, unless an additional certificate of nomination be hied. 
(Sees. 13 and 27.) 

CHATRMEX OF STATE CEXTRAL COMMITTEES. 

The duties of Chairmen of State Central Committees differ 
from those of county chairmen only in that they pertain to 
State candidates, and that the only election officer nominated 
by them is the election commissioner. (Sees. 16. 18 and 27.^ 

CHALLENGERS. 

One challenger and one poll-book holder, appointed in writ- 
ing by the local chairman of each party organization, are enti- 
to stand at the sides of the chute nest the challenge win- 
dow. (^Secs. 15 and 41.) 



THE ELECTION LAW. 17 

Causes tor Challenge. In addition to the constitutional 
provisions as to the qualifications of voters, a person offering 
to vote may be challenged because he has not registered (if he 
come within the requirements of the law), or has been guilty 
of bribery, or buying votes, or advising either, or of selling or 
offering to sell his vote. (Sec. -II and p. 75.) 

Mode oe Challenging. The new law puts a stop to needless, 
indiscriminate challenging. When a person is challenged he 
must stand aside or make affidavit that he is a legal voter. If 
k - the affidavit he is entitled to vote, unless the chal- 
leng - rue other person makes affidavit that he is not a 

legal voter. This affidavit may be made on information and 
belief, but if so the person or persons who furnished the infor- 
mation must be named in the affidavit. The voter must then 
bring a qualified voter of the precinct as a witness, who must 
ar that of his own knowledge the claimant is a legal voter. 
Any false statements in any of these affidavits constitutes the 
crime of perjury. (Sees. 41 and 13.) 

COUNTY BOARD OF ELECTION COMMISSIONEES. 

These boards are composed of the County Clerk and two 
by him appointed, representing the two parties that 
the largest number of votes in the State at the last elec- 
tion. The Chairmen of the two County Central Committees 
are entitled to name these two Commissioners, provided they 
nominate in writing thirty days before the election. (See.-. 

reparation of Ballots. It is the duty of each County 

['Election Commissioners to prepare and distribute 

for the election of all officers who are to lie voted for in 

their county, other than those who are to be voted for by all 

the electors of the State. (Sec. 17.) These local ballot.- must 

on white paper, of the quality described and in the 

. >et forth in Sec. 26. They must contain the names <>t' all 

candidates properly certified from the nominating conventions 

nr petitioned for in compliance with S< cs. L8 and 19. Each list 

andidates must be printed under ;» device and a title. It 

will be found convenient to have tie- ballots put up in bl< 

of l(i". It :.- essential that the ballots be preserved with the 

2— Election Law. 



18 



MANUAL OF 



utmost care, and heavy penalties are provided for permitting- 
them to go out of the proper custody, either during the print- 
ing or afterwards. (Sees. 28, 31, 32.) 

Special Elections. Whenever any question is required "by 
law to be submitted to the voters of any county or division of 
the State less than the whole, the local ballot must contain a, 
brief statement of the same, with the words " yes " and " no v> 
placed immediately under it. (Sec. 62.) 

Instruction Cards. The County Board of Election Commis- 
sioners must also have printed enough cards with instructions 
to voters to furnish twelve to each precinct. If they consider 
it necessary they should have these printed both in English and 
other languages. They must be in large type and must con- 
tain full instructions to the voter to obtain ballots, to mark 
them, and to replace spoiled ballots ; also Sections 43, 50, 55, 
56, 59 and 60 of the general election law. (Sec. 35.) The fol- 
lowing is suggested as a form to meet the requirements of the 
law : 

INSTRUCTIONS TO VOTERS. 



WHAT THE VOTER MUST DO. 

1. Pass through the chute to the 
challenge window. If challenged, swear 
in your vote or stand aside. The neces- 
sary forms for affidavits will be supplied 
at the challenge window. If not chal- 
lenged, or after swearing in your vote, 
pass on through the chute to the door, 
where you will he admitted in turn. 

2. When you enter the election room 
announce your name to the Poll Clerks, 
who will furnish you with a red ballot 
containing the names of all candidates 
for State offices, a white ballot contain- 
ing the names of all candidates for 
local offices, and a stamp for marking 
them. 

3. If you do not understand how to 
mark your ballots, ask the Poll Clerks. 
If you can not read English, or are 
physically unable to mark your ballot, 
the Poll Clerks will mark it for you, 
and on request will read over the names 
marked. 

\. (ro alone into one of the unoccu- 
pied booths and mark your ballot with 
the stamp. If you wish to vote a 
"straight ticket" mark the large square 
around the device of your party at the 
head of the ticket. If you wish to 
vote a mixed, <>r " scratched » ticket, 
mark the square in froi 
of each rand'j<bu<" tot whom y»,ii wish to 



WHAT THE YOTEE MUST NOT DO. 

1. Do not attempt to vote if you are 
not a legal voter. You are not a legal 
voter if you have not lived in the State 
six months, the township sixty days and 
the precinct thirty days. You are not a 
legal voter if you have lived in the 
county less than six months, and have 
not registered. If registered, you should 
have your certificate with you. 

2. Do not accept a ballot from any 
person outside of the election room.. 
Any ballot obtained outside is fraudu- 
lent, and it is a penitentiary offense to 
have such a ballot in your possession, 
whether you attempt to vote it or not. 

3. Do not attempt to hold any con- 
versation in the election room, except 
with members of the election board and 
the Poll Clerks. It is a penal offense to 
declare that you can not read English, 
or can not mark your ballot, if, in fact, 
you can. 

4. Do not mark on the ballot with 
the stamp at any place except the large 
square around the device of the party, 
or the small squares in front of the names 
of the candidates for whom you wish to 
vote. Do not put any mark of any kind 
on your ballot except with the stamp, 



THE ELECTION LAW 



19 



5. If, by accident, you tear, muti- 
late, deface, or spoil your ballot, go at 
once to the Poll Clerks, explain how the 
accident occurred, and ask for another 
ballot. 

6. Before leaving the booth fold 
each of your ballots so that the initials 
of the Poll Clerks on the back will 
show, but so that no part of the face of 
the ballot can be seen. 

7. When your ballots are marked 
and folded come out of the booth. Give 
the stamp to the Poll Clerk from whom 
you received it, and hand the folded bal- 
lots to the Inspector, who will put them 
in the ballot-boxes in your presence. 
Then leave the room. 

8. When you have voted and before 
you are ready to vote, remain fifty feet 
away from the polls. 



5. Do not tear, mutilate, deface, or 
mark your ballot in any way so that it 
could be identified; and if you should 
do so accidentally, do not attempt to 
vote it. 

6. Do not show the face of your ballot 
to any person ; you will lose your vote 
and be subject to fine and imprisonment 
if you do. Do not attempt to see the 
ballot of any other person. 

7. Do not attempt to vote any ballot 
except the one given you by the Poll 
Clerks. Do not injure or interfere with 
any of the railings, posters, booths, or 
any of the furniture used in conducting 
the election. 

8. Do not advise, counsel, or abet 
any vote-buying, bribery, or other viola- 
tion of the election law. 



Section 43. 
Section 50. 
Section 55. 
Section 56. 
Section 59. 
Section 60. 



(Insert in full.) 
( Insert in full.) 
( Insert in full.) 
(Insert in full.) 
( Insert in full.) 
(Insert in full.) 



Note. — The preceding form is longer than is necessary. For 
short form in general use, see p. 81. 

Sample Ballots. The law makes no provision for printing 
sample ballots, hut as it directs the Inspectors to post them at 
the polls the Boards of Election Commissioners should have 
them printed and furnish three for each precinct. They must 
not he printed on paper of the same color as the genuine bal- 
lots, and should have the words " sample ballot " plainly marked 
on them to prevent any mistake. ( Sec. 35.) 

Providing a Seal. Each Board of Election Commissioners 
must supply itself with a seal for sealing packages of ballots. 
( Sec. 33.) 

Distribution of Ballots. On the third day preceding the 
election the Election Commissioners must be at the County 
Clerk's office and furnish ballots to the several Inspectors. 
(Sec. 33.) The State ballots and stamps will have been already 
secured by the Clerk and deposited in his office, in sealed pack- 
ages, one for each precinct, These must not be opened. The 
Board will furnish each Inspector with ten ballots for every 
five and fraction of five votes cast in his precinct at the last 



■20 MANUAL OF 

Presidential election, unless the Inspector files affidavit of an 
increase of more than 50 per cent, in the voters ; in which case 
the number of ballots must be increased to correspond. The 
ballots must be wrapped and sealed in the presence of the In- 
spector. (Sec. 33.) In addition to the precinct packages the 
State Board will furnish each County Board a sealed package 
containing 2,000 State ballots and twelve stamps. This pack- 
age must not be opened except to supply a precinct whose bal- 
lots or stamps have been lost or destroyed. (Sec. 29.) Any 
portion of its contents not used should be destroyed when the 
other undistributed ballots are destroyed. 

Special Messengers. In case the Inspector fails to appear 
in person or by representative the Board must send a special 
messenger with the ballots and stamps. (Sec. 36.) 

Loss of Ballots. On proper showing, under oath, by the 
Inspector or his representative that the ballots have been acci- 
dentally lost or destroyed the Board must furnish a new sup- 
ply. On proper showing, under oath, by any qualified elector, 
that the ballots have been lost or destroyed, and that the In- 
spector fails to make proof thereof, the Board must send a 
special messenger with a new supply. (Sec. 38.) 

Remaining Ballots. All ballots remaining after the pre- 
cincts have been supplied must be kept by the Board until 6 p. 
m. of election day, and then counted and burned, excepting 
one local ballot, which must be pasted in the election record 
immediately preceding the place where the vote is to be record- 
ed. Below it must be entered the number of ballots printed 
by the Board, the number furnished to each messenger, and 
the number destroyed. Great care should be observed in all 
the counting of ballots, as the record will serve as a check on 
any fraud at other points. (Sec. 39.) 



COUNTY CLERKS. 

Registration of Voters. County Clerks should prepare reg- 
istration books and have them ready for use at least as early as 
June 1, 1890. The registration ends fifty-nine days before the 
election. Two sets of forms will be necessary, one for declara- 
tions of intentions and one for notice by absentees. (Sec. 13.) 



v ~ 



THE ELECTION LAW. 21 

Appointment oe Election Commissioners. Thirty clays prior 
to an election the Clerk must appoint two Election Commis- 
sioners, one from each of the leading political parties. The 
chairmen of the respective parties have the privilege of nam- 
ing the men. (Sees. 16 and 17.) 

Certificates and Petitions of Domination. All certificates 
and petitions of nomination for officers who are not voted for 
by all the electors of the State must he filed with the County 
Clerk, not more than 60 nor less than 15 days before the election. 
(Sees. 18 and 21.) These must be carefully preserved until six 
months after the election. (See. 20.) 

Messenger for Ballots. Xot more than 16 nor less than 8 
days before a general election the Clerk, or his special deputy, 
bearing credentials under the seal of the Circuit Court, must 
appear at the office of the Governor and obtain ballots and 
stamps for the several precincts of his county. Before going 
he should make examination as to whether any of the precincts 
have increased their vote over 50 per cent, since the last Presi- 
dential election, so that he can make affidavit if such be the 
case. The Clerk is held to the hio-hest degree of care in the 
custody of the ballots and stamps entrusted to him. (Sees. 30, 
32 and 54.) 

Publication. At least seven days prior to the election the 
Clerk must make publication of the names of all candidates 
that will appear on the State and local ballots, in two weekly 
newspapers representing the leading political parties. The 
lists of candidate.-, or "tickets," must appear, "as far as prac- 
ticable, in the order and form in which they will be printed 
upon the ballots,*' and under the proper devices ; i. e., the pub- 
lication must be substantially of fac similes of the State and 
local ballots. Two publications, and only two, must fee made 
in each paper — one in the last issue before the election — and in 
cities where daily papers are published, additional publication 
must be made in them. (Sees. 23 and 24.) If a constitutional 
amendment or other special question is to be voted on by all the 
electors of the State it must be included in the publication. 
25 

Distribution of Ballots. The Clerk is concerned in the dis- 
tribution of the ballot.- only as a member of the Board of Elec- 
tion Commissioners, and his duties in that relation will be 
found under that head. 



L>2 MANUAL OF 

Custody of Election Papers. The Clerk is made custodian 
of all papers preserved after the election, including the pro- 
tested ballots, tally-sheets, and all affidavits except those charg- 
ing persons with voting illegally. (Sees. 7, 42, 52, 63, and Sees. 
4713 and 4714 of the Revised Statutes of 1881.) The affidavits 
must be delivered, with seals unbroken, to the foreman of the 
Grand Jury when that body is next in session. (Sec. 63.) 

Continuing Duties. Several duties remain to the Clerk 
under the old laws, none of which are repealed except so far as 
inconsistent with the new law. Reference to them will bo 
found in the index to this manual. 

ELECTION BOARDS. 

Election Boards are composed of an Inspector and two 
Judges, representing the leading political parties. (Sees. 3 
and 4.) 

Appointment of Poll Clerks. The first duty of an Election 
Board is the appointment of Poll Clerks, who must be quali- 
fied electors of the precinct and representatives of the two lead- 
ing political parties. If nominations have been made by the 
chairmen of these parties such nominees must be appointed. 
(Sec. 5.) 

Oath of Office. The next duty is taking the oath of office, 
in accordance with Sections 7, 8, 57 and 58. 

Providing Ballots and Furniture. In case for any reason 
the ballots or any necessary furniture for the election be not 
on hand at the opening of the polls, the Board must supply 
them as speedily as possible. Ballots should be obtained from 
the person who was entrusted to bring them to the polling 
place, if possible ; if not, then at the County Clerk's office ; 
and if that be impracticable, the Board must have them 
printed. (Sec. 38.) Under the provisions of the law both 
local and State ballots, as well as stamps, can be obtained from 
the Comity Board of Election Commissioners in case the orig- 
inal supply is lost. (Sec. 29.) 

Pasters. In case pasters are necessary the Board will re- 
ceive them from the chairmen of the proper committees, or 
their representatives, and sec that they are properly placed on 
the ballots. (Sec. 27.) 



THE ELECTION LAW. L ; o 

Opening Ballot Packages. After the organization of the 
Board the ballot packages must he opened in the presence of 
the Board, and without breaking the seals — in other words, cut 
the strings and leave the seals on them. (Sec. 34.) The seals 
must be preserved and returned with the protested ballot?. 
(Sec. 52.) 

Opening the Polls. When these duties have been performed 
and the PoM Clerks have marked their initials on twenty-five 
each of the State and local ballots (Sec. 34), the Board will, at 
the lawful hour, announce the opening of the polls. (Sees. 12 
and 14.) 

Ballot-Boxes. The ballot-boxes must then be opened and 
examined. (Sec. 11.) 

Election Sheriffs. The Board will direct the actions of the 
Election Sheriffs. If one or both of them fail to appear at the 
opening of the polls the vacancy will be rilled by appointment 
by the respective representatives of the political parties on the 
Board. (Sec. 15.) The election Sheriffs must make arrests on 
the demand of one member of the Board. (Sees. 15 and 45.) 
It will be found convenient to station one Sheriff at the door, 
to regulate the admission of voters. 

Challenging. Members of the Board are entitled to challenge 
voters,if they have reason to believe such voters are not quali- 
fied | See. 41), and to demand the production of registration 
certificates. (Sec. 13.) 

Interpreter. By unanimous consent of the Board an inter- 
preter may be called to aid in instructing a voter, or marking 
his ticket. (Sec. 45.) 

Balloting. The Board lias general supervision of the bal- 
loting, and should not permit any violation of the law in its 
presence without the immediate arrest of the offender. Xo 
ballot may be put in t}io box by the Inspector if it has been 
shown to any person ( Sec. 45 ), or mutilated, marked, or defa< 
or if the initials of the Poll'Clerk do not appear on it (£ 
40), or, if for any reason, it appears not to be a genuine ballot 
( Sec. 60.) 

Closing Polios. The polls must not be kept open after 6 
o'clock p. w. ; ; <" i! "iay be closed between I 6 o'clock, bv 



21 .MANUAL OF 

unanimous consent of the Board, if all the electors of the pre- 
cinct have voted, or if fifteen minutes pass without a vote be- 
ing tendered. In cities and incorporated towns of 1,000 or 
more inhabitants the polls must always be kept open till 6 p. m. 
(Sec. 12.) 

Destruction of Unvoted Ballots. Immediately after the 
polls are closed the unvoted ballots must be counted and 
burned. (Sec. 51.) This has no reference to ballots attempted 
to be voted, but which were not admitted to the ballot-box by 
the Board, because intentionally marked or mutilated, or shown 
by the voter. These should be preserved as evidence to justify 
the action of the Board, in case any question should arise sub- 
sequently, and for safety may be deposited in a separate pack- 
age with the Clerk. 

Canvassing the Yote. The Board must next proceed to 
count the State ballots, and must finish counting them before 
counting the local ballots. There appears no reason why the 
ballots should not be separated into " straight " and u scratched" 
when taken from the box, as is ordinarily done to facilitate 
counting. If any ballots are found to be mutilated, defaced or 
marked so that they can be identified, they must not be 
counted. (Sec. 52.) E"or may any ballot be counted if the 
intention of the voter is not indicated by the stamp mark. 
(Sees. 52 and 62.) The ballots that are not protested, whether 
counted or not, must be kept till the close of the count and 
then destroyed, but a ballot that is protested or disputed, 
whether counted or not, unless the Board finally agrees unani- 
mously to its proper or improper character, must be preserved 
separately and returned to the Clerk's office in the sealed pack- 
age. (Sec. 52.) 

Witnesses to the Count. Xo person can be allowed in the 
election room either during the voting or during the count, ex- 
cept members of the Election Board, Poll Clerks, Election 
Sheriffs, and IT. S. Supervisors, if any have been appointed. 
(Sec. 52.) 

Close of the Count. Immediately after closing the count 
the result must be recorded on the tal]y-sheets, and a certifi- 
cate made of the number of votes for each candidate, over the 
siu-natures of all the members of the Board. (Sec. 1712, Rev. 
Stat, of 1881.) The Board must then burn all the voted bal- 



THE ELECTION LAW. 25 

lots, except those protested or disputed, and make a memoran- 
dum of the number of votes cast for each candidate, a copy of 
which must he delivered to each member of the Board. 
(Sec. 52.) 

Note. — As to the count and the disposition of papers, see 
instructions of joint committee, p. 83-86. 

Custody of Papers. The certificate of the result of the 
election, with one of the tally-sheets, must then he delivered to 
the Inspector or one of the Judges, who must have the same at 
the Court House on the next Thursday, to take part in the 
general canvass. (Sees. 4712, 4715, Rev. Stats, of 1881.) The 
other poll-hook and tally-sheet, together with the protested and 
disputed ballots, and the seals of the ballot packages, must he 
placed in a paper hag, sealed in the presence of the Board, and 
taken by the Inspector, who must deliver the same to the 
County Clerk. Sec. 52, and Sec. 4713, Eev. Stats, of 1881.) 

Prohibited Acts. The members of the Board must pre- 
serve absolute secrecy as to how any person voted, if they should 
in any way learn the same. They must not do any electioneer- 
ing on election day. (Sees. 57 and 60.) 

ELECTION JUDGES'. 

The Election Judges have no duties except as members of 
the Election Board, which see. 

ELECTION SHERIFFS. 

The Election Sheriffs are special deputies appointed by the 
County Sheriff to act as officers at the polls. 

Attendance. The Election Sheriffs must be at the polls 
when they open, and remain until the count is concluded. 
(Sec. 15.) 

Arrests. They must make arrests on the demand of any 
member of the Board (Sees. 15 and 45), and also on affidavit 
made before the Inspector, by any qualified voter, that any 
person who has voted is not a legal voter. (Sec. 42.) In gen- 
eral they must follow the directions of the Election Board. 



26 MANUAL OF 



THE GOVERNOR 



Appointment of Commissioners. At least thirty days prior 
to a general election the Governor must appoint two State 
Election Commissioners, one from each of the leading political 
parties. The chairmen of the State Central Committees have 
the right of naming the appointees. (Sec. 16.) 

Custody of Papers. Certificates and petitions of nomination 
of all officers to be voted for by the electors of the whole State 
must be filed with the Governor not more than sixty nor less 
than twenty days before the election (Sees. 18 and 21), and 
these must be carefully preserved until six months after the 
election. (Sec. 20.) 

Certification of Nominations. Not less than eighteen days 
before the election the Governor must certify all nominations 
to each of the County Clerks. The names must be grouped by 
parties as reported to him, and the device selected by each 
party must be designated. (Sec. 22.^ He must not certify the 
name of any candidate who has given proper notice that he 
will not accept a nomination. (Sec. 24.) 

Remaining Duties. Other duties of the Governor are as a 
member of the State Board of Election Commissioners, which 
are set forth under that head, or under the old law, for which 
see index. 

INSPECTORS. 

An Inspector must have been a freeholder and resident house- 
holder of the precinct for one year, or a resident householder 
for two years. He must not have any bets on the election or 
be within prohibited degrees of relationship to any candidate 
to be voted for in his precinct. (Sees. 3, 4 and 7.) 

Appointing Judges. Prior to opening the polls the Inspector 
must appoint two Judges from the leading political parties, 
who, with him, form the Election Board of his precinct. The 
Chairmen of the County Committees may name the Judges, 
but must do so at least one week before the election. The ap- 
pointments should be made one week before the election if the 
chairmen have made nominations, and if not, as soon as possi- 
ble thereafter, in order to give the Judges time to acquaint 
themselves with the law. (Sec. 4.) 



THE ELECTION LAW. Zl 

Messenger for Ballots. On the third day before the elec- 
tion the Inspector, or the Judge authorized by him, must be at 
the Clerk's office and receive the ballots for his precinct. 
(Sees. 33, 36 and 37.) Before going he should inform himself as 
to whether the vote in his precinct has increased fifty per cent, 
since the last Presidential election. He will receive ten local bal- 
lots for each five voters of his precinct, which must be counted, 
wrapped and sealed in his presence. He will also receive a 
sealed package containing the State ballots and the stamps for 
his precinct. He will also receive cards with printed instruc- 
tions for voters, twelve in each language in which they are 
printed. He should also receive three sample ballots for the 
State and three for the local ballots. All these must be care- 
fully guarded and preserved. (Sees. 33 and 35.) If by any 
accident they should be lost or destroyed he must report at 
once to the County Board of Election Commissioners and ob- 
tain a new supply. (Sees. 29 and 38.) 

Posting Directions. The Inspector should be at the polling 
place shortly before the hour of opening the polls and post the 
instruction cards and sample ballots. One of each kind of cards 
must be posted in each booth and one at the outer end of the 
chute. Three of each kind of cards and three sample ballots 
should be posted about the polls outside of the fifty-feet limit. 
(Sec. 35.) 

Oaths of Office. The next duty of the Inspector is to take 
the oath of office and administer it to the Judges. (Sees. 7 and 
8.) In this connection he must read Sections 57 and 58 to the 
Board, and each member must make oath that he has not vio- 
lated and will not vio'late the provisions of Section 57. The 
oath should then be administered to the Poll Clerks. 

Opening Ballot Packages. The Inspector must next open 
the ballot packages, in the presence of the Board, by cutting 
the string and leaving the seals intact, and deliver 25 State 
and 25 local ballots to the Poll Clerk of the party opposing his 
own. Subsequently, as soon as a ballot is delivered by the Poll 
Clerk to a voter the Inspector must deliver another to the Poll 
Clerk. (Sec. 34.) 

Chairman of the Board. The Inspector will act as Chairman 
of the Board (See. 9), and in thai rapacity will announce the 



28 MANUAL OF 

opening and closing of the polls. (Sees. 12 and 14.) His duties 
as a member of the Board are set forth under the head of 
Election Board. 

Custodian of Papers. At the close of the canvass of the vote 
the Inspector must take charge of the paper bag containing the 
protested ballots, the seals of the ballot packages, one of the 
poll books, and one of the tally sheets, and deliver the same to 
the County Clerk as soon as possible. (Sec. 52, and Sec. 4713, 
Rev. Stats, of 1881.) 

POLL CLERKS. 

Poll Clerks must be qualified voters of the precinct represent- 
ing the two leading political parties. They may be nominated 
by the chairmen of the respective Central Committees four days 
prior to the election. (Sec. 5.) 

Oath of Office. The first duty of the Poll Clerk is to take 
the oath of office. (Sec. 9.) 

Pasters. On receiving ballots from the Inspector the Poll 
Clerks must place all necessary pasters on them in their proper 
places. (Sec. 27.) 

Marking Ballots. The Poll Clerks must then place their 
initials on the upper right-hand corner of the back of each 
ballot. (Sec. 34.) This must be done in the ordinary hand- 
writing, without any distinguishing marks. Placing any mark 
on a ballot by which it may afterwards be singled out is a penal 
offense. (Sees. 49, 60 and 61.) Twenty-five each of the State 
and local ballots must be kept ready for delivery to the voters, 
and the one first signed must first be delivered. 

The Voter. On entering the election room the voter an- 
nounces his name to the Poll Clerks, who at once register it. 
They then furnish him ballots and a stamp, and on request ex- 
plain to him the manner of voting. If necessary the Board 
may call an interpreter. After marking his ballot the voter 
must return the stamp to the Poll Clerk from whom he received 
it. When his ballot is deposited in the ballot-box the Poll 
Clerks must write the word "voted" after his name on the 
poll lists. (Sec. 45.) If the elector declares that on account 
of physical disability, or inability to read English, he can not 
stamp his ballot, the Poll Clerks must do so for him, and on 



THE ELECTION LAW. 29 

request must read over trie names of the candidates as marked. 
| Sec. 48.) If the voter accidentally or by mistake spoils, muti- 
lates or defaces his ballot, the Poll Clerks must give him 
another, and have him destroy the first in the presence of the 
Board. (Sec. 47.) 

Memoranda. If a voter discloses his ballot and it is rejected, 
the Poll Clerks must make a minute of the fact on the poll 
lists (sec. 45), and also if a voter is given a second ballot on 
account of accidentally spoiling the first. (Sec. 47.) At the 
close of the canvass the Poll Clerks must make memoranda on 
the tally-sheets of the disputed and protested ballots and the 
condition of the seals of the ballot packages. It is apparently 
intended by the law that there should be a separate memoran- 
dum for each ballot, specifying the objections to it. It will 
therefore be necessary to number the protested ballots, so that 
the objections may be referred to the proper ones. (Sec 52.) 

PEIXTER OF BALLOTS, 

Directions for Printing: The printer must follow strictly 
the directions of the act and of the Election Board as to the 
form, spelling and arrangement of the ballot. (Sees. 26 and 28.) 

Preservation of Copies. The printer is held to the utmost 
in preventing any copy of the printed ballots from falling 
into the hands of any one but the Board of Election Commis- 
sioners. (Sees. 28, 32. 50.) 

SECRETARY OF STATE. 

nstitutional Amendmexts. The only duty of the Secre- 
tary of State under the new law is, whenever a constitutional 
amendment or other question is to be submitted to the people 
of the whole State, to certify the same to the County Clerks 
not les* than thirty days before the election. (Sec. 25.) 

SHERIFFS. 

Appointment of Election Sheriffs. Five days prior to an 

ion the Sheriff must appoint two special deputies for each 

precinct of the county from the two leading political parties to 



30 MANUAL OF 

serve as Election Sheriffs. The chairmen of the County Cen- 
tral Committees have the privilege of naming the men. 
(Sec. 15.) 

Absence from Polling Places. The Sheriff and other peace 
officers must remain fifty feet away from the polls except when 
voting or summoned by an Election Sheriff. (Sec. 15.) 



STATE BOARD OF ELECTION COMMISSIONERS. 

The State Board of Election Commissioners consists of the 
Governor and two qualified electors by him appointed, one 
from each of the leading political parties of the State. The 
chairmen of the State Central Committees have the privilege 
of naming the appointees. (Sec. 16.) 

Preparation of Ballots. The Board must prepare the bal- 
lots for all officers to be voted for by the electors of the whole 
State. (Sec. 17.) The number printed should be in excess of 
twice the number of votes cast at the last Presidential election. 
(Sec. 29.) The ballots must be printed on red tinted paper, and 
put up in blocks of 100 each. (Sec. 26.) The requirements of 
the law as to printing must be strictly followed, and no ballot 
may be given out of the custody of the Board except as pro- 
vided by law. (Sees. 26, 28, 31, 32, 53 and 61.) Whenever a 
constitutional amendment or other special question is to be 
submitted to the voters of the whole State it must be presented 
on the State ballots. (Sec. 62.) 

Sample Ballots. The law makes no provision for printing 
sample ballots, but, as the Inspectors are required to post them, 
the Board should have printed, and supply, three sample bal- 
lots for each precinct. They must not be printed on white or 
red tinted paper. (Sec. 35.) 

Preparation of Stamps and Seal. The Board must provide 
for each precinct of the State " three stamps bearing a cross 
(X) or such other device as they may select, together with ink 
pads or other necessary apparatus ready for use." They must 
also provide a seal for sealing ballot packages. (Sec. 29.) 



THE ELECTION LAW. 31 

Distribution of Ballots and Stamps. From the sixteenth to 
the eighth day, inclusive, before a general election, the Board 
must be at the office of the Governor and furnish ballots and 
stamps to the messengers from the several counties. (Sec. 29.) 
If the messenger from ' any county fails to appear by the close 
of the eighth day a special messenger must be dispatched with 
the ballots and stamps for such county. (Sec. 30.) If the bal- 
lots furnished for any county should by any accident or casu- 
alty be lost or destroyed, the Board must provide a new supply 
on proper showing. (Sec. 38.) In addition to the precinct 
packages, the Board must furnish for each county a sealed 
package containing 2,000 State ballots and twelve stamps, with 
their proper appurtenances. (Sec. 29.) 

Destruction op Remaining Ballots. The Board must pre- 
serve all remaining ballots until 6 o'clock p. m. of the day of the 
election, and then count and destroy all but one, which must 
be pasted in the election record. (Sec. 39.) 



TOWNSHIP TRUSTEES. 

Township Trustees have no duties under the new law other- 
wise than as Inspectors of Elections, which they are, ex officio. 
Their duties in this capacity are set forth under the title In- 
spectors. They will furnish meals to the Election Boards as 
under the old law. (Sec. 4709, Revised Statutes of 1881.) At- 
tention is called to the new law as to the election and eligibility 
of trustees. (Post p. 67.) 



APPENDIX, 



IPAZR-T I- 



GENERAL ELECTION LAW, 



INCLUDING 



BRIBERY LAWS, REGISTRATION LAW 



Instructions of the Joint Committee. 



34 CONCERNING ELECTIONS. 

month before any election, by one publication in two 
newspapers published in said county, representing the 
two political parties which cast the highest number of 
votes in the fetate at the last general election, and by 
posters put up in four of the most public places in each 
precinct: And, provided further, That no precinct shall 
be enlarged so as to contain more than two hundred and 
fifty electors. 
efec P tion° rs ° f ^ EC * ^- Township Trustees shall, by virtue of their 
office, be Inspectors of Elections in the precincts in 
which they respectively reside, and shall, prior to the 
opening of the polls in such precinct, appoint as Judges 
Judges. of Election two qualified electors of such precinct, who 

shall have been freeholders and resident householders 
therein for at least one year, or householders for at least 
two years next preceding such election, and who are 
members of different political parties and of the parties 
which cast the highest number of votes in the State at 
the preceding -general election : Provided, That if at 
County chair- least one week or more prior to such election the Chair- 
Ju a d n ge?4hen! man of the County Central Committee of either of the 
two parties that cast the largest number of votes in the 
State at the last general election shall designate a mem- 
ber of such party as Judge, having the same qualifications 
as above prescribed, he shall be appointed, and such 
Judges, together with the Inspector, shall constitute a 
Eligibility. Board of Election. E"o person shall be eligible as a 
member of the Board of Election who has anything of 
value bet or wagered on the result of such election, or 
who is a candidate to be voted for at such election, or 
who is father, father-in-law, son, son-in-law, grand- 
father, grandson, brother, brother-in-law, uncle, nephew, 
first or second cousin of any candidate at such election. 
If at any time before, or during an election, it shall be 
made to appear to any Inspector by the affidavit of two 
or more qualified electors of the precinct, that either of 
the Judges is disqualified under the provisions of this 
act, he shall at once remove such Judge and fill the place 
with a qualified person of the same political party as the 
Judge removed; and in case such disqualified Judge 
shall have taken the oath of office hereinafter prescribed, 
the Inspector shall place such oath and affidavit before 
the next grand jury of the county. 
county com- Sec. 4. Whenever any Board of County Commis- 
dutiesasto'ap-sioners shall designate more than one precinct in any 
Kspectors. 01 township it shall at the June term of said Board, next 
preceding any election, appoint in each precinct in which 
no Township Trustee resides, as Inspector of such elec- 
tion, some qualified voter of such precinct, who shall 



CONCERNING ELECTIONS. 35 

have been a freeholder and resident householder in such 
precinct for at least one year, or a resident householder 
for at least two years next preceding such election. 
Such Board of County Commissioners shall hold a spe- 
cial session one week before each election, and shall til] Vacancies, 
all vacancies that may have occurred in the office of In- 
spector, and shall fill any vacancy occurring thereafter 
at any regular or called session of the Board previous to 
the election. Such appointed Inspector shall, before the 
time of opening the election in his precinct, appoint two 
Election Judges, if the same have not already been up- Judges, how 
pointed, as hereinbefore provided, in the same manner 
and under the same requirements as provided for Town- 
ship Trustees acting as Inspectors ; and such Judges and 
Inspectors shall constitute the Board of Election for 
such precinct. If any member of an Election Board Election 
shall tail to appear at the hour appointed for the open- Board, 

ing of the polls, the remainder of the Board shall select 
a member of his political party to serve in his stead : 
Provided, That, if the qualified electors of his party Proviso. 
present at the polls shall nominate a qualified person 
for such vacancy, such nominee shall be appointed. If 
none of the members of an Election Board shall appear 
at the hour appointed for opening the polls, the quali- 
fied electors present shall elect a board viva voce, as 
nearly as possible in conformity with the provisions 
hereof. 

Sec. 5. Such Board of Election shall appoint as Poll p n cierka. 
Clerks two qualified electors of such precinct, one from 
each of the two parties that cast the largest vote in the 
State at the last general election: Prodded, That if,Provis©. 
four days or more prior to such election, the Chair- 
man of the County Central Committee of either of the 
two parties that cast the largest number of votes in the 
State at the last general election shall designate a mem- 
ber of such party as Poll Clerk, such nominee shall be 
appointed. 

Sec. 6. The Auditor of each county in the State shall Poll books. 
make out and cause to be delivered to the Inspectors e{c? k i0TmB, 
of the several precincts in their respective counties, at 
least ten days previous to any election, a suitable num- 
ber of blank forms of poll books, containing one column 
headed " Names of Voters," and an additional column 
headed "Number of Voters," [votes] and also forms ot 
election returns, with the proper captions, forms of oaths, 
and forms of certrficates and tally papers accessary to 
be usad in all elections hereafter held in this State. 

Sec 7. Before any election shall be opened, the In Oatka of judges 
spector and Judges shall each make oath to support the and IMpecWl< 



rZS\_T£JLL 1±"5. 

^titution of the Unite 1 State* and of this State; to 
:aid_: 7 an 5. iintiTviiiij :: ; :_:;:r bne in:ie= assigned 

:; T;:e — 1; is i:: : :h;: 7 ; , ani nit knifing 7 re- 
::: : aaiidei ~:e :: anv eieniT. :: lanse any 
:r: ; ;:; iideTing M vi:e. ::;:;t: :dan i= neies- 
:■: :: :xTe = a:i-:a:-:-::T iniirnimin :: :de iiaiid- 
1 : : s::::r:::i&: ii e"^::::; :1a: :he7 — ;'.". no: 
':r :r i : niniini : ate :i an~ reT-in ni~ iiij e.ei:m 
viiri it hi~ j:t allot was tbiiei. niatkei irsiiii" : 

ida: i_r 1 t_i— ani :it ine 7^1: nex: tree dng 

h : t_ ii:ii:iT 1 : : " e i 1 " 11;. ieniE ;:i:.::i:. lens. 

hi isedilbeTs. :i: a: lea~: :~: 7ei:. ; . ;: the 

township in which such [ recin - Lb sit fee 1 n 1 thai 

:r_rT l_iTe nthin^ i: Ta'.:e he: 1: "i.iiri ~:n :he 

1 i = 11". e .- . - : 1 , a n 1 1 : 1 ■_ 1 : : 1 n 1 1 1 : -. 1 a: ■?;■. i 1 

election, and tt a - they are not related tc any person :i 

be — el ::: ;i Eai eiritin ~iodin :he iriTrrf Tinea 

in c t 1 "i : 1 :l_Tee 11 idiie £ :i ~ l_i.ii :a:d .hall be 11 ~~ rit- 

:ng :t printed, and =d_ le - = :-riz e 1 - _ 1 exeimed 

bebiTe =ime teTsin an:niTir.rl 17 la~ :i adniinis:e: 

: wni:b indie: ; „i d a::a:h :de:e~ die 1 /. ~ . • _ 1 

:a:h =had tden le attamei : :be li". bo:k. .-_.'. 

vri:b 11 :e~i:n TrVirnil :: :he llerdid indie 1: hi_ 

: itt. as b eTein ;.::eT : ::~lded. 

h d .'.. _: •■ ■_ -had le in :he fill i — in*; :■: . __ 
5r__:i u I:-:i.,i" - 

- : v;i: 

- i'i - -. -~ri: :: ;- zbl r 111 . a = :ne use r_~ _ i-e 

1 will support the 1 ion of the United 

Tiair- 1- _ . : i tni= .t : 1- :e : :d 3.: 1 ~id iai:h: li ~ an 1 :.- 

-. ~ ' '.- I11 ri'e :ii - in:ie= a= Inst ei: i: : _ 1 : 1 

t-c:t::n as-i^nei :j_a~: ".111 i — i_. . - n_:~~: ■ 1; - 

' ' -:■ : 7 t ens in :i — 1 — h ; 1 - n :■: : a i inie i. :■: — 1 . . 

nit £Z- '-~.il gjj retnse tne _ :"i 1 : l~ ii.ihtI. e.eniT. 

or cause at 7 ielay :o persons offering' to vote furthei 

- " 1 ::e _it:=:a::iTv inzimstii 1 it 

th e in . n 1 a:i 1 n 1 : _ n 1 n t eT= 1 n n = an eie :■: 1 : ; :h a : I am 

1 ~" 1 " - ;een iin:i ; -;.='. 7 :it ine 7eaT nex: t Te- 

cedii t late a president freeholder (or 

6o»« se holder for at least — yea 

- :hi= iair ;: :he r\— _ ; n'i" in -^ hi in : 

precinct in which I am niemher of the E 1 

Board is situated; and that I will not disclose or 

commnn l how any elector hae ~oted 

mi in. it n ■ anv ;alit: na= leen iiiiei. 

marked : Eiannped; that I have nothing of value bet 

' ' ~ 1 : = a i 1 -i i e 1 : i 1 n . a n i a nn n 1 : 



c::~:iks~:>*s in :":>"?. 



a candidate at this election, and am not related t : any 
person :: he mm.l ::: at this election ~~ ithin the le- 
i-rees named in section three oi the electu l law. 

Sm: - . . .- .1 ami sworn t : be:: re me this day ;: 



".::': ':■:' ii- 



. 



3. If no person present be authorize by law 

niste: the )atn :: 3tnce. :_e lnspecto: i •---. 

the me tc :ir Jmmes. ani me ;: = u:h 
7 _t- shah .minister sal:: :ath to the Insre::: r. 

Szc. &. The Inspector shall :e :"_;■. nan ;: sa :li ymr^a^ .f 
Board, and. before me reception : any v ::es. shall 1- I 

an c :<: the Clerks :■: the elemlcn that they 
will faith: iilly ge their Intiee as snch. After 

:he :: e -amza:l: r a :: the 3 ::-.::! :<: Elerhcns the In- 
spector may administer all necessary :>athe which may 
be re paired in the lischarge :: :: ; luties, and 1 lath-Oatte. 
shall be written :: rinte shall be signed by the 

persons making such cachs in the presence :: sich 
1 :: Elections, ami ::t person administering scich 
iinx his jurat thereto, and sail; ami am: 
shall I tc and re tamed with the poll lists to 

nice of the County Clerk. Tne : at hs herein pre- 
he Clerk :: elections snail be in tie follow- 
ing form, namely: 
Sm.m :i IV: mm-.. ) 

Cou3rrr. / " : 

I -1: silemnlv swear :r mm as tne case may be) Oath, fonn of. 
that I will faithfully and honestly lischarge my duties 

as Clerk :: the election in precinct and 

ward ( or tovmslnlp in county, In- 
diana, and th .1 n:t ils:lose oi communicate to 

now any elector voted, or how any 
was folded, marked or Bt a m p ed. 

Subscribed and - rn tc me this ... day of 



S :. 10. Tne Board a of Ballot boxe«. 

each county - expense 

two ballot-1 :■:■:-. d of 

the ball ms - Hon 

" H:w painted. 

tion - - Board of 

Beet -loners each ballot- 

combira: s, so that the key of one will not unlock Lock*. 
ther, ani he >therwise bo constructed as to con- 
te toward the prevention of fraud. 



38 GENERAL LAWS. 

Opeuinff in Sec. 11. An opening shall be made in the lid of each 

box *box sufficient only for a single ballot ; and, at the time 
the election is opened, the Inspector and Judges shall 
see that there are no ballots in the box before the vot- 
ing begins, and shall thereupon securely lock the box, 

Key*. an ^ gi ve one k e y t one f the Judges who is in politics 

opposed to the Inspector, the Inspector retaining the 
other key; and the same shall not be again opened 
until the polls are closed, and the Board is ready to im- 
mediately proceed with the counting. 

Election open- Sec 12. The election shall be opened in the forenoon 

ed.when. at ^ e b our f e ight o'clock and continue open until 
four o'clock of the afternoon, after which the Board 
may close the election at any time, when all the elect- 
ors have voted, or when fifteen minutes have passed 

When closed, without a vote having been tendered ; but the polls 
shall, in no case, be kept open after six o'clock of the 
afternoon; and the polls shall not be closed after four 
o'clock and before six o'clock except by the unanimous 
consent of all the members of the Election Board ; but 

proclamation? whenever the polls are closed, proclamation must be 

etc. ' made of the fact of such closing by the Inspector, to 

the people outside, in a loud and audible tone of voice, 
and a minute of such proclamation, and of the time 
when the same was made, must be entered on the tally 
papers by the Clerks, and after such minute has been 

Proviso. made, no more votes shall be received: Provided, That 
upon the petition of twenty legal voters and house- 
holders of any precinct in the State, presented to the 
Board of County Commissioners at their June session 
next preceding any election in the county in which such 
precinct or precincts are situate, petitioning said board 
for the opening of the election at the hour of six o'clock 
in the forenoon, it is made the duty of the Board of 
Commissioners to grant and enter of record the prayer 

Whenpoiis of such precinct petitioners; and it is made the further 

aTsix o'ofoek. duty of the Board to direct the Auditor of the county 
to publish in two newspapers of general circulation 
published in said county, representing the leading na- 
tional political parties opposed to each other, for three 
successive weeks, a notice setting out fully the name of 
the precinct or precincts, and the township, town or 
city in which such precinct or precincts are situated, 
so petitioning for the opening of the polls at six o'clock 
in the forenoon, and the Board shall enter of record an 
order requiring the polls of every such precinct to be 

Proviso. opened accordingly : Provided, farther, That in all cities 

and in incorporated towns having a population of one 
thousand or more, as shown by the last United States 



CONCEKNING ELECTIONS. 39 

census, the polls shall be opened at six o'clock in the 
forenoon on the day of such election and closed at six 
o'clock in the afternoon of said day. 

Sec. 18. Each elector shall vote, by ballot, in the Notice of in- 
precinct wherein he resides. Any person, who, having tent * 
been a resident of Indiana, shall have absented him- 
self from the State for a period of six months or more, 
or who shall have gone into any other State or sover- 
eignty with the intention of voting therein, or during 
any absence in another State or sovereignty shall have 
voted therein, and also, any person who shall not have 
been a bona fide resident of this State and of the 
county in which he resides, at least six months before 
any election, shall, before being entitled to vote at any 
election in this State, register a notice of his intention 
to become a qualified elector therein, in the office of 
the Clerk of the Circuit Court of the county in which 
he resides. Whoever shall be absent from the State Absence from 
for a period of six months or more on business of the 
State or the United States, shall, at the time he offers 
to vote, produce a certificate from the County Auditor 
that his name has continuously, since his departure 
from the State on such business, been upon the tax 
duplicate of said county for the purpose of taxation, 
during his absence from the State, and that he is still a 
tax-payer in said county ; and failing to produce such 
certificate such person shall not be permitted to vote. 
Such registration shall be made at least three months 
prior to any such election, and the notice shall state 
such person's name, age and place of residence (by 
which shall be understood his lodging place), and the 
notice shall be in the form following, and sworn to be- 
fore such Clerk : 
State of Indiana, 1 
County./ 89 ' 

I, , the subscriber hereto, hereby declare Form of notice 

my intention to become a qualified elector under the 

laws of Indiana; that I was 3-ears of age on my 

last birthday ; that my lodging place is now 

(here insert exact location) ; and I am a bona fide resi- 
dent of the precinct in which I lodge : Provided, That 
the provisions of this section respecting such registra- 
tion and notice shall not apply to any voter who, six 
months or more previous to any election, shall have 
registered with said Clerk a DOtice declaring his inten- 
tion to hold his residence in this State during a con- 
templated absence, and that during such absence he 
will not exercise the right of suffrage elsewhere, and 
which notice shall be as follows, and shall be iworn to 
before said Clerk: 



40 



GENERAL LAWS. 



Notice and 

copy 



Violation of 
provisions of 
section. 



Felony. 



Clerk's fees. 



Proclamation. 



Sheriff and 
appointment 
of special 
deputies. 



Their duty. 



State op Indiana, \ 

., ,C0UNTY.j bfe * 

I ? , the subscriber hereto, a qualified 

voter of (here insert the name of his pre- 
cinct, ward, township, town and city), in said county, 
intending to absent myself, do hereby declare my pur- 
pose to hold my residence as a voter in said State, and 
that I will not exercise the right of suffrage elsewhere 
during my absence. 

On the filing of any notice, as provided for in this 
' section, it shall be the duty of such Clerk to enter the 
name and residence of said elector and date of the fil-- 
ing of said notice in a book furnished for said purpose, 
to be open at all times to the inspection of the public, 
and safely preserve said original notice and deliver a 
certified copy of the same to the elector so registering, 
and on demand of any challenger or member of the 
Election Board such elector shall be requested to pro- 
duce the same before being allowed to vote. No per- 
son shall register for any other person, or in the name 
of any other person, or present the copy of the register 
for any other person at a polling place, or induce, hire 
or advise any other person not to register who may be 
required to register as above. Any person violating the 
provisions of this section, or who shall vote, or attempt 
to vote, without having been registered when required 
to do so as above, shall be guilty of a felony, and, upon 
conviction, shall be imprisoned in the State prison for 
not less than one nor more than five years, and be dis- 
franchised for any determinate period. No elector shall 
be at any cost or charge for such registration or certifi- 
cate thereof; and the Clerk shall be allowed twenty- 
five cents, and no more, for each registration and cer- 
tificate thereof, to be in full for all services connected 
therewith, which allowance shall be made out of the 
County Treasury by the Board of County Commission- 
ers, on itemized statement sworn to by the Clerk.* 

Sec. 14. Before receiving the ballot of any elector, 
the Board of Election shall cause to be proclaimed that 
such election is opened. 

Sec 15. It shall be the duty of the Sheriff of each 
county to appoint, five days prior to each election, two 
special deputies for each precinct in the county, to be 
known as Election Sheriffs, who shall attend the poll- 
ing places in their respective precincts, from the open- 
ing of the polls to the conclusion of the count. It 
shall be their duty to preserve order at the polls and 
enforce the provisions of the election law under the 
direction of the Election Board, and make arrests on 

••'Note.— Sec. 13 has been declared unconstitutional. See p. 77. 



CONCERNING ELECTIONS. 41 

the demand of a member of the Board, or on affidavit, 
as hereinafter provided. One of such Election Sheriffs 
shall be chosen from each of the two parties that cast 
the largest number of votes in the State at the last 
general election ; and if at least five days prior to such 
election, the Chairman of the County Central Commit- 
tee of either of such parties, shall nominate a member Election 
of his party for Election Sheriff in any precinct, such Sheriff ' 
nominee shall be appointed. If any Election Sheriff 
shall fail to appear at the opening of the polls, the 
member or members of the Election Board of his polit- 
ical party shall appoint a person to act in his place. 
Compensation of one dollar and fifty cents per day Compensation 
shall be allowed to each Election Sheriff by the Board 
of County Commissioners, but no such Election Sheriff 
shall be allowed for more day's service than members 
of the Election Board in the same precinct are allowed. 
£To other peace officers of the State, or any division 
thereof, shall be allowed within fifty feet of the polls, 
except to serve process of courts or to vote, unless 
summoned by the Election Sheriffs. Xo person other 
than the election officers shall remain within fifty feet 
of the polls, except when voting: Provided, That each 
political party may appoint one challenger and one Challengers, 
poll-book holder for each precinct, who shall be enti- 
tled to stand at the sides of the chute next to the chal- 
lenge window. Such challenger and poll-book holder 
shall be appointed in writing by the Chairman of the 
county or other local committee of their political party, 
and shall produce written appointments on demand of 
a member of the Election Board. It shall be lawful Pay. 
for a political party to pay such challenger and poll- 
book holder not more than three dollars for services at 
any election, but not more than one person of any one 
party shall be paid for services in either such capacity 
in any precinct, and no challenger or poll-book holder 
shall receive any compensation for such services, except 
from the political party he represents. 

Sec. 16. The Governor of the State, and two qualified state.Board of 
electors by him appointed, one from each of the two mi»sioners. om " 
political parties that east the largest number of votes in 
the State at the last preceding general election, shall 
constitute a State Board of Election Commissioners. 
Such appointments shall be made at least thirty days h ow selected. 
prior to each general election, and if, prior to that time, 
the Chairman of tin 4 State Central Committee of either 
of such parties shall nominate in writing, a member of 
his own party for such appointment, the Governor of 
the State shall appoint Mich nominee. In case of death vaoanoiw. 



42 GENERAL LAWS. 

or disability of either appointee, the Governor of the 
State shall notify the Chairman of the said Central 
Committee of such appointee's political party, and such 
Chairman may, within three days thereafter, recommend 

Proviso. a successor, who shall thereupon be appointed : Pro- 

vided, That if such Chairman shall fail to make recom- 
mendations of appointment within the time specified, 
the Governor of the State shall make such appointment 

Duties °b d °^ ^ s own se l ec tion from such political party. It shall 
'be the duty of said Board to prepare and distribute 
ballots and stamps for election of all officers for w r hom 
all the electors of the State are entitled to vote, in 
compliance with the provisions of the election law. The 
members of such board shall serve without compensa- 
tion. 

County Board Sec. 17. In each county in the State, the Clerk of 

Commission'rs the Circuit Court and two persons by him appointed, 
one from each of the two political parties that cast the 
largest number of votes in the State at the last general 
election, shall constitute a County Board of Election 

How • d Commissioners. Said appointments shall be made in 
'all respects as appointments to the State Board of Elec- 
tion Commissioners are required to be made by the Gov- 
ernor of the State, except that the privilege of nomina- 
tion shall belong to the Chairmen of the County Central 
Committees of the two parties aforesaid. It shall be 

Duties of the duty of such Board to prepare and distribute ballots 
'for election of all officers to be voted for in such county 
other than those who are to be voted for by all the elec- 
tors of the State, in compliance with the provisions of 
this act. The members of such Board shall serve with- 
out compensation. 

Ballots, how ^ g EC# ig_ The said Board of Election Commissioners 
'shall cause to be printed on the respective ballots the 
names of the candidates nominated by the conventions 
of any party that cast one per cent, of the total vote of 
the State at the last preceding general election, as certi- 
fied to said Boards by the presiding officer and secretary 
of such convention, or in case of primary election, by 
the .chairman and secretary of any county or township 

Petition. - committee; and also the names of any candidates for 
any office when petitioned so to do by electors qualified 
to vote for such candidates, as follows : For a State 

What printed officer, or any officer for whom all the electors of the 

on ballots. , <-. .-it ,-. i i n • • n 

btate are entitled to vote, five hundred petitioners ; tor 
a Representative in Congress from any Congressional 
District, two hundred petitioners; for a county officer, 
•member of the General Assembly, Circuit Judge or 
Prosecuting Attorney, twenty-five petitioners; for anj 



CONCERNING ELECTIONS. 43 

officer of a township, ward or other division less than 
a county, twenty petitioners. The signatures to such Signatures. 
petition need not be appended to one paper, but no 
petitioner shall be counted, except his residence and 
postoffice address be designated. Such petition shall Contents of 
state the name and residence of each of such candidates ; 
that he is legally qualified to hold such office ; that the 
subscribers desire and are legally qualified to vote for 
such candidate ; and may designate a brief name or title 
of the party or principle which said candidates repre- 
sent, together with any simple figure or device by which 
they shall be designated on the ballots. The certificate Certificate of 
of nomination by a convention or primary election nommatlon - 
shall be in writing, and shall contain the name of each 
person nominated, his residence and the office for which 
he is nominated, and shall designate a title for the party Contents, 
or principle which such convention or primary elec- 
tion represents, together with any simple figure or 
device by which its* list of candidates may be designated 
on the ballots; said certificate shall be signed by the 
presiding officer and secretary of such convention, or Certificates, by 
by the Chairman and Secretary of the county, city, or* om Slgne 
township committee, who shall add to their signatures 
their respective places of residence, and acknowledge 
the same before an officer duly authorized to take ac- 
knowledgments of deeds. If the certificate of nornina- Device on 
tion of any State convention shall request that the figure ballot*. 

or device selected by such convention be used to desig- 
nate the candidates of such party on the ballots for all 
elections throughout the State such figure or device 
shall be so used until changed by request of a subsequent 
State convention of the same party. Such device may Device what 
be the figure of a star, an eagle, a plow, or some such may 
appropriate symbol, but the coat of arms or seal of the 
State or of the United States, the national Hag, or any 
other emblem common to the people at large shall not 
be used as such device. A certificate of such acknowl- 
edgment shall be appended to such instrument. In case Candidate for 
of death, resignation or removal of any candidate sub- 
Bequent to nomination, unless a supplemental certificate 
or petition of nomination be filed, the Chairman of the 
State, county, city or town-hip committee shall fill such 
vacancy. In case of a division in any party, and claim 
by two or more factions to the same party name, or title, 
or figure, or device, the Board of Election Commission- Bo«d of Eieo- 

-hall give the preference of name to the convention sione- 
held at the time and place designated in the call of th< 
regularly constituted party authorities, and if the other 
faction shall present no other party name, title or device 



44 GENERAL LAWS. 

the Board of Election Commissioners shall select a name 
or title, and place the same before the list of candidates 
of said faction on the ballot, and select some suitable 
device to designate its candidates. If two or more con- 
ventions be called by authorities claimed to be the right- 
ful authorities of any party, the proper Board of Elec- 
tion Commissioners shall select some suitable devices to 
distinguish one faction from the other, and print the 
Proviso. ballots accordingly : Provided, however, That if any po- 

litical party entitled to nominate by convention shall in 
any case fail to do so, the names of all nominees by pe- 
tition for any office who shall be designated in their 
petitions as members of and candidates of such party, 
shall be printed under the device and title of such party 
on the ballots, as if nominated by convention. Certifi- 
cates and petitions of nomination of candidates for offices 
to be voted [for] by the electors of the entire State shall 
be filed with the Governor of the State. Certificates 
Certificate and and petitions of nomination of candidates for offices to 
petition. ^q voted for by electors of any district or division of the 
State exclusively shall be filed with the Clerks of the 
when filed. Circuit Courts of the counties or county included in or 

including such district or division. 
Name of can- Sec. 19. If any certificate or petition of nomination 
not printed, shall contain the name of more than one candidate for 
any office to be filled, neither name shall be printed as 
a candidate for such office. If any person shall join in 
nominating by petition more than one nominee for any 
office to be filled, such person shall not be counted as a 
petitioner for either nomination. If any person has 
been nominated as a candidate for any office by conven- 
tion, and, also, as a candidate for the same office by 
petition, his name shall be placed on the ballot but 
once, to-wit : In the list of candidates nominated by 
such convention ; and the place occupied by his name 
in such petition shall be left blank : Provided, That if 
such candidate shall, in writing, prior to the last day 
for filing nominations, request that his name be printed 
as nominated by petition, it shall be so printed, and 
shall be omitted from the list nominated by the con- 
vention. 

ci°er ITto a r°e d ^ EC * ^* ^ e ^ overnor of the State and County 
serve certifi- Clerks shall cause to be preserved in their respective 
offices all certificates and petitions of nomination filed 
therein under the provisions of this act for six months 
after the election for which such nominations were 
made. 
Sh r e t n fi fiie t d. s ' ^ec. 21. Certificates and petitions of nomination 
filed with the Governor of the State shall be filed not 



CONCERNING ELECTIONS. 45 

more than sixty days, and not less than twenty days, 
before the day Axed by law for the election of the per- 
sons in nomination. Certificates and petitions of nom- 
ination herein directed to be filed with the Clerk of a 
county, shall be filed not more than sixty and not less 
than fifteen days before election. 

Sec. 22. Not less than eighteen days before an elec- Governor to 
tion of the State to fill any public office for which all c e ierkf t0 
the electors are entitled to vote, the Governor of the 
State shall certify to the County Clerk of each county 
the name and place of residence of each person nom- 
inated for such office, as specified in the certificates and 
petitions of nominations filed with the Governor of the 
State, and shall designate therein the device under 
which the group or list of candidates of each party 
will be printed, and the order in which they will be 
arranged. 

Sec. 23. At least seven days before an election to fill County cierk 
any public office at which the electors of any county nominations 
are entitled to vote, the County Clerk of such county tooffice,etc - 
shall cause to be published in at least two weekly news- 
papers within the county, the nominations to office, 
certified to him by the Governor of the State, and also 
those filed with the County Clerk. He shall make two 
publications in each of such newspapers before elec- Clerk's duties 
tion; one of such publications in each newspaper shall tfon°. pu 
be upon the last day upon which such newspaper is 
issued before election. Such publication shall be made 
in two newspapers representing the political parties 
that at the last preceding general election cast the larg- 
est number of votes in the State, if such papers there 
be: Provided, That in all cities where a daily paper is Proviso, 
printed and published, such notice shall also be pub- 
lished twice, as aforesaid, in two daily papers represent- 
ing such political parties, if such there be. The list of 
nominations published by the County Clerks shall be 
arranged, as far as practicable, in the order and form in 
which they will be printed upon the ballots, and shall 
designate the devices under which the group or list of 
candidates of each party will be printed. 

Sec. 24. The Governor of the State shall not certify Governor's 
the name of a candidate whose certificate of nomina- 
tion shall have been filed in his office who shall have 
notified him in a writing signed and executed with the 
formalities prescribed for the execution of an instru- 
ment to entitle it to record that he will not accept the 
nomination contained in the certificate or petition of 
nomination. The County Clerk shall not include in the J } o. nt 7 (,|(;rk ' H 
publication to be made according to Section twenty- 
three hereof, the name of any candidate whose certifi- 



-1(J GENERAL LAWS. 

cate or petition of nomination shall have been filed in 
his office who shall have notified him in like manner 
that he will not accept the nomination. The names of 
snch candidates shall not he included in the names of 
the candidates to he printed in the ballots as hereinafter 
provided. 
Constitutional Sec. 25. Whenever a proposed constitutional amend- 
ment or other question is to be submitted to the people 
of the State for popular vote, the Secretary of State 
shall duly, and not less than thirty days before election, 
certify the same to the Clerk of each county in the State, 
and the Clerk of each county shall include the same in 
the publication provided for in Section 23 in this act. 
Printing of Sec. 26. The Board of Election Commissioners shall 
names on s cause the names of all candidates of their respective 
ballots. jurisdictions to be printed on one ballot, all nominations 

of any party or group of petitioners being placed under 
the title and device of such party or petitioners as desig- 
nated by them in their certificate or petition, or if none 
be designated under some suitable title and device. The 
Size of ballots ballots shall be of uniform size and of the same quality 
and prepara- an( ^ co j or f p a p er? an( j sufficiently thick that the print- 
ing can not be distinguished from the back. All ballots 
prepared by the State Board of Election Commissioners 
shall be printed on red tinted paper and put up in blocks 
Color of paper, of one hundred each. All ballots prepared by the 
County Boards of Election Commissioners shall be 
printed on white paper. If the same device for desig- 
nating candidates be selected by two parties or groups 
of petitioners, it shall be given to the one which first 
selected it, and a suitable device shall be selected for the 
Device. other. The device named and list of candidates of the 

Democratic party shall be placed in the first column on 
the left-hand side of said ballot ; of the Republican 
party in the second column ; of the Prohibition party 
in the third column, and of any other party in such 
order as the Board of Election Commissioners shall de- 
cide. The device of each party shall be enclosed in a 
square of not less than one and one-half inches on each 
side, and shall be placed at the head of the list of can- 
dates of the party. Immediately under it shall be placed 
r ' the name or title of the party ticket, and immediately 
under the name or title the list of candidates of the 
party, such names being placed three-fourths of one 
inch apart from center to center of the name, the name 
of each candidate having immediately on its left a 
square three-eighths of an inch on each side, and the 
general arrangement of the ballot shall conform as 
nearly as possible to the following : 



CONCERNING ELECTIONS. 47 

j DEVICE. : j DEVICE. : j DEVICE. j 

Democratic Ticket. Republican Ticket. Prohibition Ticket. 

For Governor, For Governor, For Governor, 

[ Dem. | (lourtland C. Matson. | ~RepT | Alvin P. Hovey. | Prohib. | Joseph 1). Hughes. 



For Lieut.-Governor, 'For Lieut. -Governor, For Lieut.-Governor, 

| Dem. | William E. Myers. | ~Eep. | Ira J. Chase. | Prohib. | Robert Gale. 

Sec. 27. In case of the death, removal or resignation Vacancy how 
of any candidate after the printing of snch ballots and whom and by 
before such election, it shall be lawful for the Chairman 
of the State, district or county political organization of 
which such candidate was a member to make a nomina- 
tion to fill such vacancy, and to provide the Election 
Board of each precinct in which such candidate is to be 
voted for with a number of pasters containing only the 
name of such candidate at least equal to the number of 
ballots provided each precinct, but no pasters shall bep as t e r 
given to or received by any one except such Election 
Board and such Chairman, and it shall be the duty of 
the Polling Clerks to put one of such pasters, in a care- 
ful and proper manner and in the proper place, on each 
ticket before they shall sign their initials thereon. 

Sec. 28. If the printer of such ballots, or any person Printer of 
employed in printing the same, shall give or deliver, or ballots 

knowingly permit to be taken, any of said ballots by 
any person other than a member of the Board of Elec- 
tion Commissioners, for which such ballots are being 
printed, or shall print or cause or permit to be printed 
any ballot in any other form than the one pre- 
scribed by this act, or with any other names thereon, 
or with the names spelled or the names and devices 
thereon arranged in any other way than that authorized 
and directed by the said Board of Election Commis- 
sioners, he shall be guilty of felony, and on conviction f* ilt 7 of 
thereof shall be imprisoned in the State Penitentiary 
not less than three nor more than ten years, and be dis- 
franchised for any determinate period not less than ten 
years. 

Sec 29. It shall be the duty of each County Clerk Procuring 
to appear in person, or by specially authorized deputy, a ots * 
bearing credentials given under the seal of the Circuit 
Court, at the office of the Governor of the State not 
more than sixteen, nor less than ten days prior to each 
general election, and the State Board of Election Com- 
missioners shall thereupon deliver to the said Clerk ten 
ballots for every five voters and fraction thereof in each 



GENERAL LAWS. 



precinct of his county at the last Presidential 
election, or if a new precinct has been established in 
such county, ten ballots for every five voters of the 
estimated vote as reported by the Board of County 
Commissioners : Provided, hoioever, That if it shall be 
made to appear by the affidavit of such clerk that any 
precinct has so increased in population as to have fifty 
per cent, more voters than at last Presidential election, 
or at the time of estimate by the Board of County 
Commissioners, the State Board of Election Commis- 
sioners shall deliver to him two ballots for every voter 
so declared by him under oath to be resident in said 
precinct. The ballots shall, in the presence of the Clerk, 
be wrapped and tied in packages, plainly marked, one 
for each precinct, and securely sealed with wax, and 
the Clerk shall give his receipt for the same. And 
for the safe sealing of such ballots such Board shall 
provide itself with a seal of such design as it may deem 
proper, but the same design shall not be used for any 
two consecutive elections. The State Board of Election 
Commissioners shall also provide and inclose in each 
of said sealed packages three stamps bearing a cross 
(X), or such other device as they may select, together 
with the ink-pads or other necessary apparatus ready 
for use. In addition to the precinct packages, the State 
Board of Election Commissioners shall deliver to each 
Clerk a package, wrapped and sealed in his presence, 
containing two thousand State ballots, and twelve 
stamps with their necessary ink-pads, which package 
shall remain in the custody of the County Board of 
Election Commissioners and shall not be opened by 
them except for the purpose of supplying a precinct 
whose ballots or stamps have been lost or destroyed, 
on due showing of such fact as hereinafter provided. 
The State Board of Election Commissioners shall, from 
time to time, certify to the Auditor of State the neces- 
sary expenses of the preparation and distribution of the 
State ballots and stamps, and the Auditor shall audit 
and issue his warrants for the same, which shall be paid 
out of any funds in the State treasury not otherwise 
appropriated. 

Sec. 30. An allowance shall be made to the Clerk 
by the Board of County Commissioners of five cents 
per mile for the distance necessarily traveled in going 
to and returning from the office of Governor of the 
State ; but in case said Clerk of any county shall fail to 
appear at the office of the Governor of the State by the 
close of the tenth day prior to election, the State Board 
of Election Commissioners shall forthwith dispatch a 



CONCERNING ELECTIONS. 49 

special messenger to such county with the ballots for Ballots sent by 
the county; which messenger, before receiving such when, 

ballots, shall take and subscribe to an oath, to be ad- 
ministered to him by the Secretary of State, which 
oath shall be tiled with said Board of Election Com- 
missioners, and shall be in the words following : 
State of Indiana, • \ 

County of Marion, f 

I, , swear (or affirm, as the case may [be]) Oath of 

that I will take charge of the election ballots delivered messengc 
to me by the State Board of Election Commissioners 

for the county of , and will safely deliver said 

ballots in sealed packages, and in the same condition as 
received by me, to the Clerk of said county at the 
earliest time that I can reach the county seat of said 
county. So help me God. 

Subscribed and sworn to before me this day 

of : — , 18—. 



And in such case said messenger shall be allowed Compensation 
three dollars per day for the time necessarily employed, ° me ' 
and three cents per mile for the distance necessarily 
traveled by him, which allowance shall be certified to 
the Treasurer of such county, and deducted from the 
first moneys thereafter accruing to such Clerk payable 
by the Treasurer. The amount so deducted shall be re- 
mitted by the County Treasurer to the Treasurer of 
State. 

Sec. 31. If any member of the Board of Election Board of 

,-s. . . i n • it ,i Election Com- 

Commissioners shall give or deliver to any other person missioned to 
any of said ballots, or shall permit any of them to be J?ei Jny^when. 
taken away, except as herein provided, he or they shall 
be guilty of a felony, and on conviction shall be pun- 
ished by imprisonment in the State Penitentiary for not 
less than three nor more than ten years, and be disfran- 
chised for any determinate period not less than ten 
years. 

Sec. 32. If any person shall take or remove in any Jakin^way 
manner, feloniously or with the consent or permission felony, when 
of the custodian for the time, from any place where 
they may lawfully be under this act, any of such ballots 
or stamps, or be found in custody or possession of such 
ballots or stamps (except as an official or custodian un- 
der this act, or while within the polling place for the 
purpose of voting); or if any such custodian or official 
shall consent to, or permit, any of such ballots or 
stamps to be removed or carried away from the place 
where they may lawfully be by any person, except an 



50 



GENERAL LAWS. 



Penalty. 



Dnty of In- 

r when 
not able to 
attend. 



Proviso. 



Local ballots. 



Seal, what 
used for 



Open 
packages of 

ballots. 



Names of poll 
clerks 
indorsed on 
ballots. 



official or custodian under this act whose duty it is to 
receive the same, such person, custodian or official shall 
be deemed guilty of a felony, and on conviction shall be 
punished by imprisonment in the Penitentiary at hard 
labor for not less than three nor more than ten years, 
and be disfranchised for any determinate period not 
less thai, ten years. 

Sec. 33. It shall be the duty of each Election In- 
spector, or in case he can not attend, some other mem- 
ber of the Election Board authorized in writing by the 
Inspector, to appear at the office of the Clerk of the 
Circuit Court of his county not more than three nor 
less than two days before each election, and the County 
Board of Election Comrnissi<:>ners shall deliver to him 
the scaled package of ballots and the stamps provided 
for his precinct by the State Board of Election Com- 
missioners, and also ten of the local ballots printed 
under the direction of the County Board of Election 
Commissioners for each rive or fraction thereof ol the 
number of votes cast at such precinct at the last Presi- 
dential election ; or if a new precinct for each rive or 
fraction of rive voters, as estimated by the County Com- 
missioners : Provided, however, That in case it be made 
to appear by affidavit of such Inspector that the num- 
ber of voters in his precinct has increased more than 
fifty per cent, since the last Presidential election or esti- 
mate by the Board of County Commissioners, there 
shall be delivered to him two ballots for each voter so 
declared under oath by him to reside in the precinct. 
The local ballots shall be wrapped and tied in packages 
and securely sealed with wax in the presence of said 
Inspector or his representative, who shall receipt for 
the same : and for the safe sealing of such ballots the 
County Board of Election Commissioners shall provide 
themselves with a seal of such design as they may deem 
proper, but the same design shall not be used at any 
two consecutive elections, and said packages shall not 
be opened until delivered to the Election Board of the 
respective voting precincts to which they are directed. 
and said Boards shall be fully organized and ready for 
the reception of votes, as in this act provided. 

Sec. 34. At the opening ol the polls, after the organ- 
ization of. and in the presence of. the Election Board, 
the Inspector shall open the packages of ballots in such 
a manner as to preserve the seals intact. He shall then 
deliver to the Poll Clerk of the opposite political party 
from his own twenty-rive each of the State and local 
ballots, and to the «:>therPoll Clerk the stamps for mark- 
ing the ballots. The Poll Clerks shall at once proceed 



CONCERNING ELECTIONS. 51 

to write their initials in ink on the upper right hand 
corner of the back of each of said ballots, in their ordi- 
nary hand writing, and without any distinguishing mark 
of any kind. As each successive elector calls for a bal- 
lot the Poll Clerks shall deliver to him the first signed 
of the twenty-five ballots of each kind ; and the Inspec- 
tor shall immediately deliver to the Poll Clerks another 
ballot of each kind, which the Poll Clerk shall at once 
countersign as before, and add to the ballots already 
countersigned, so that it shall be delivered for voting 
after all those theretofore countersigned. 

Sec 35. The County Board of Election Commission- Cards and 
ers of each county shall cause to be printed in large instructlons - 
type on cards, in English and such other language as 
they deem necessary, instructions for the guidance of 
electors in preparing their ballots. They shall furnish Cardsto.be 

, r» i t « lp-ii j -i Panted in 

twelve ot such cards m each ot the languages determined different ian- 
upon by them to each of the Election Inspectors at the guages ' 
same time they deliver to him the ballots for his pre- 
cinct. Each Inspector shall cause to be posted one of 
each of said cards in each place or compartment provi- 
ded for the preparation of ballots, and one of each kind p P? ti fs u p 
of such cards at or near to the outer end of the chute card*. san 
leading to the polling place, and not nearer than fifty 
feet of the polling place, and not less than three of each 
of such cards, and three samples of each of the State 
and local ballots in and about the polling place at the 
opening of the polls on the day of election, which sam- 
ple ballots shall be printed on different colored paper 
than the genuine ballots. Said cards shall contain ±iillco£tain! hat to 
instructions to the voters as to what must be done : 
First, to obtain ballots for voting ; second, to prepare 
the ballots for voting; third, to obtain a new ballot in 
place of one accidentally defaced, mutilated or spoiled ; 
also, copies of sections forty -three, fifty, fifty-five, fifty- 
six, fifty-nine and sixty of this act. 

Sec. 36. In case any Inspector or his representative Special mes- 
shall fail to appear at the office of the County Clerk by patched with 
the close of the second day prior to any election, the ballots,whei1. 
County Board of Election Commissioners shall forth- 
with dispatch a special messenger to his precinct with 
the ballots and stamps for such precinct. Such mes- 
senger shall be allowed two dollars for his time and five Compensation 
cents per mile for the distance necessarily traveled by 
him, and shall promptly report to such Clerk and file 
with him the receipt of the person to whom he delivered 
such ballots and stamp, and his affidavit stating when 
and to whom he delivered such ballots and stamps, and 
such Inspector shall receive no compensation for his 
services at such election. 



52 • GENERAL LAWS. 

Neglect of g EC# 37. Any Inspector who shall willfully or negli- 

gently fail to appear at the Clerk's office, in person or 
by representative, as herein provided, shall be guilty of 

Misdemeanor misdemeanor, and on conviction shall be fined not less 
than ten dollars, nor more than one hundred dollars, 
and shall thereafter be incompetent to serve as Inspector. 

Loss of ballots Sec. 38. If by any accident or casualty the ballots 
delivered to any Clerk, Inspector, or other messenger 
shall be lost or destroyed, it shall be the duty of such 
person in custody to report the loss at once to the Board 
of Election Commissioners, from which the same were 
obtained, and make affidavit of the circumstances of 
the loss, whereupon such Board shall at once re-supply 

New supply of such person. In case such person in custody fails or 
refuses to report and make proof of the loss, any quali- 
fied elector may do so, and thereupon such Board shall 
at once send a new supply by special messenger, as pro- 
vided in other cases. In case, for any reason, there 
should be found no ballots or other necessary means or 
contrivances for voting at the opening of the polls, it 
shall be the duty of the Election Board to secure the 
same as speedily as possible, and, if necessary, such 

Proviso. Board may have ballots printed : Provided, however, 

That such ballots shall conform as nearly as possible to 
the genuine ballots, and the printing and the care of 
the same shall be under the same provisions and penal- 
ties as the printing and care of the other ballots pre- 
scribed in this act. 

ofTaTots 1 ! 011 Sec - 39 - Tne various Boards of Election Commis- 
sioners shall preserve the ballots that are left over in 
their hands after supplying the precincts as hereinbe- 
fore provided, until six o'clock p. m. of the day of elec- 

Baiiots burned tion, and shall then count and destroy, by totally con- 
suming by fire, all of such ballots but one, which shall 
be securely pasted in the election record immediately 
preceding the place where the vote is to be recorded. 
They shall also cause to be entered below such ballot 
the number of ballots printed by them, the number 
delivered to each messenger and the number destroyed 
by them. 

Jj^infor Eiec- s EC . 40. It shall be the duty of the County Commis- 

com'missionr's sioners in each county, before each election, to provide 
for and secure in each precinct of the county a suitable 
room in which to hold the election, and to have placed 
therein a railing separating the part of the room to be 

Booths. occupied by the Election Board from the remainder of 

the room and also three booths or compartments in 
which electors shall mark their ballots, screened from 
observation, each containing a counter or shelf. Booths 






CONCERNING ELECTIONS. 53 

shall be so constructed and arranged that all the mem- ^ ct c e °J" 

bers of the Election Board can see whether more than 

one voter enters any one of such booths at one time. 

The portion of the room set apart for the Election Window. 

Board shall include a window at which the voter shall 

appear for challenge, and such voter shall immediately 

announce his full and true name to the challengers. 

The Board of County Commissioners shall also provide Chute pl ssage 

for each precinct a chute or passage with a railing, rope 

or wire on each side, commencing fifty feet away from, 

and leading to such polling place, passing such window 

for challenge, and thence to the entrance of the room 

in which the election is held. The expenses of such Expenses. 

preparation shall be defrayed as other expenses of the 

county by the Board of County Commissioners. No 

election shall be held in a room in which spirituous, Liquors. 

vinous or malt liquors are kept or sold. 

Sec. 41. One challenger and one poll-book holder, ch * llen p u r , 

. , n t i • ■ S i i ; • ' and poll-book 

appointed and designated by each party organization, holder, where 
shall be entitled to stand at the sides of the chute near tostand " 
the challenge window. No other person shall remain 
within fifty feet of the same, except for the purpose of 
offering his vote ; and voters shall approach and enter 
the chute in the order in which they appear for the 
purpose of voting. If any person offering to vote shall Challenge 
be challenged by one of such challengers or by any 
member of the Election Board, he shall stand aside and 
shall not be entitled to vote unless he makes affidavit 
in writing that he is a qualified and legal voter of the 
precinct and in such affidavit sets forth his name, resi- Affidavit, 
dence, occupation, place or places of residence during 
the six months prior to the election, with the date of 
any removal within that time, and the names of two 
jjersons who have personal knowledge of his residence 
in the precinct thirty days and the township sixty days, 
and shall, in case he be a person required by this act to 
be registered, also produce the necessary certificate of 
registration provided for in this act. He shall then be To vote, 
allowed to vote, unless the challenger or some qualified 
voter of the precinct makes affidavit in writing that he 
knows or is informed and verily believes that the per- 
son otfering to vote is not a legal voter in the precinct; 
and if the affidavit bo on information and belief, he 
shall set forth the names of the person or persons from 
whom such information was obtained, and the person 
offering to vote shall not thereafter be allowed to vote, 
except one qualified voter of the precinct, who has been 
a freeholder and resident householder in the precinct 
for at least one year or a resident householder for two 

, • • i 



54 GENERAL LAWS. 

years next preceding such election, shall make affidavit 
or affirmation in writing that of his personal knowledge 
such person offering to vote is a legal voter at the pre- 

Proviso. cinct : Provided, That if such person so offering to vote 

be challenged solely or for the additional /reason that he 
is not a citizen of the United States, then such person 
so challenged for such reason shall take and subscribe 
the following oath : 

Oath, form of I do solemnly swear (or affirm, as the case may be) 
that I have resided in the United States one year, and 
have declared my intention of becoming a citizen 
thereof in conformity with the laws thereof. 

The other affidavits herein referred to shall be in the 
following form : 

I do solemnly swear (or affirm, as the case may be) 
that I am a citizen of the United States; that I am 
now over the age of twenty-one years, to the best of 
my information and belief; and that I have been a 
bona fide resident of this State for six months immedi- 
ately preceding this election ; that I have resided in 
the township sixty days, and in the precinct thirty 
days, and that I am now a bona, fide resident of this 
precinct ; that I am generally known by the name in 

which I now desire to vote, which is ; that I 

have not voted and will not vote in any other precinct 

in this election ; that my occupation is ,....; that 

my present residence is (if in the city or town 

give the street or number), and that during the last six 

months prior to this election I have resided at.... , 

I have removed from to on the fol- 
lowing date ; and that and 

have personal knowledge of my residence in the pre- 
cinct thirty days and in the township sixty days. 

Affidavit, n I swear that I am informed and believe that , 

now offering to vote, is not a legal voter in this pre- 
cinct, and that I obtained such information from 

and 

I do solemnly swear (or affirm, as the case may be) 
that I am a qualified voter in this precinct ; that I have 
been a freeholder and resident householder in this pre- 
cinct for one year, or a resident householder for two 

years next preceding this election; that , who 

now desires to vote, has resided in this State for six 
months immediately preceding this election ; that he 
has resided in this township sixty days, and in this pre- 
cinct thirty days, at ; that he is now a bona 

fide resident of this precinct and a legal voter therein. 
These facts I know of my own personal knowledge. 



form of 



CONCERNING ELECTIONS. 55 

Sec 42. If at any time during the election any^^j*J^° 
qualified elector shall make affidavit before the In- 
spector that any person who has voted is an illegal 
voter in such precinct, the person accused shall at once 
be arrested by the Election Sheriffs, and by them deliv- 
ered to the civil authorities. Immediately after the Arrest. 
close of the election the Inspector shall deliver such 
affidavit to some Justice of the Peace in the township, 
who shall proceed thereon as if the affidavit had been 
made before him. 

Sec. 43. "Whoever shall knowingly or willfully make Perjury, 
a false affidavit, under any of the provisions of this act. 
shall be deemed guilty of perjury. 

Sec. 44. Xo person entitled to vote at any general. Voter.empioy- 

■%rr .- i -• i • i ii -l ' * ° i t merit of. 

.National. State or county election, shall be employed 
upon the day on which such election shall be held in 
any manufacturing, mining, mechanical or mercantile 
establishment or any railroad corporation in this State 
during the period of four hoars after the opening of 
any election in the county in which such person is enti- 
tled to vote, except as to works of necessity, in which Exceptions. 
works of necessity every employe shall be given some 
period of four hours between the opening and closing 
oi the polls on said day: and any Circuit Court may 
enforce the provisions of this section in term time or in 
vacation by mandate, or otherwise, upon the application 
of any voter: Provided, however, That in any such es- Proviso. 
tablishment or corporation the employer or employes 
may agree on any four hours between the opening and 
closing of the polls that will be most convenient. 
Every officer of any corporation, owner, superintend- Misdemeanor, 
ent. overseer or foreman, who employs or permits to be 
employed any person in violation of this section, shall 
be guilty of a misdemeanor, and fined not less than fifty 
nor more than five hundred dollars. 

Sec. 45. When a voter shall have been passed by theBaliota and 
challengers, or shall have sworn in. he shall be admitted 
to the election room : Provided, howi ver, That not more 
than three voters shall be allowed in the room at one 
time. On entering the room the voter shall announce 
his name to the Poll Clerks, who shall register it. 
The Clerk holding the ballot- shall deliver to him one 
State and one local ballot, and the other Clerk shall 
thereupon deliver to him a stamp, and both Poll Clerks. 
on request, shall give explanation of the manner of 
voting; if deemed necessary, by unanimous consent of 
the Board, an interpreter may be railed. The voterstamping 
shall then, and without leaving the room, so alone into 
any of the booths which may be unoccupied and indi- 



:>'ERAI LA " 



- for whom lesires to vote by 

lping the - immediately preceding their 

names, and ind: his preference n any question of 

-ritutional amendments or other special matter by 
stamping in front : the words "Yes" or "Kb" under 
such questi ns: rhat if he shall 

Lesi t vote for all candidates : part or group 

of petitioners, he niay place the stamp on the large 
square enclosing the levice an 1 j receding the title un Ler 
which the candidates oi such [ rty .roup of petiti n- 
re printed, and the v : e shall then he counted for 
all the eand: iat - nder that title. If ffe vote r - : ;. rev ■? 
the larger oareen singthe Levice, he shall not stamp 
1 - whe n the ballot, unle b - : h e re >e no candi te fc r 
rfhee in the hst printed under such stampe d levice, 
which case he may indie: - his hoice foi bu - :■ ifi.ee 
stam] ing the b e t The left of the name of any 

candidate : r such office on any other list ; a stamp on 
a hallot in violation of this provision shall t e treated as 
a distinguishing mark. If a stamp touches a square it 
shall Demounted on the square, hut a stamp that t : a mes 
square shall he treated as a distinguishing mark, 
ing the hooth or ott ::::::. the voter 
shall fold his ballots separately, s< that no' part yi the 
s the : sh se 1. and so that the initial - : 

the P >11 Clerks shall! : end on leaving the!-: >th 

mpartnient shall return the stamp to the Poll Clerk 
and deliver the ballots : tc the Inspector, or to the 
Judge who may temporarily be authorized to act for 
him. shall forthwith, in the pre—: : the voters 

and of the Election Board. >sit : same in the 

: v State ballot in the red ballot 

and the local hallot in the white hallot box ; and 
the hallot clerks shall writ the : : "d "voted after the 
name of the i n the poll lists : P 

Th t if any elector shall show his ballot or any part 
there of t ther > after the same shall have 

been mark I, g as t( lisclose any : the candidates 
: r, such ballot shall not be v :v " - 

A minute of such occurrence shall he made on the 
poll list, and snch person shall not he allowed to vote 
ther- [f a voter shall offer : allot so 

foldc lis ilose the initials of the Poll C 

and also not lisclosing ti >f the ballot, the Elec- 

tion I l to return to the hooth and 

fold his hah rly. Aver voting, the voter shall 

hut nc - whom a hallot and 

stamp or either have been delivered shall he permitt 

ithout voting the bailor- return^ 



CONCERNING ELECTIONS. 5? 

ing them to the Poll Clerk, or without returning the 

stamp to the Poll Clerk from whom he received it. 

Any voter who shall attempt to leave the room with a Voter arrested 

ballot or stamp in his possession shall be at once arrested 

on demand of any member of the Election Board. 

Sec 46. In addition to the State and local ballot Pasters. 
which the Clerk is to deliver to the voter in the election 
room under the provisions of Section 45 of the act of 
which this act is an amendment, the voter may take 
with him into the booth a printed ballot or ballots of 
his own selection or preparation to be known as a paster 
ballot or ballots, and designed to be pasted upon either 
such State or local ballots, or upon each of them. If state ballots, 
such paster ballot is designed to be pasted upon the 
State ballot it shall be in the nature of a complete ticket, 
and shall contain a complete list of all offices to be tilled 
at the election where used by the vote of the electors 
of the whole State, and shall contain the name of one 
person for each and every one of such onices. If such 
paster ballot is designed to be pasted upon the local Local ballots, 
ballot, it shall be in the nature of a complete ticket, and 
contain a complete list of all offices to be filled at such 
election for the filling of which the electors of the 
county where used are entitled to vote other than 
offices which are filled by the vote of the electors of the 
whole State, and it shall also contain the name of one 
person for each and every one of such offices in such 
list. The said paster ballots shall be in the form indi- 
cated as follows : 

For Governor, 

COURTLAND C. MaTSON. 

For Lieutenant-Governor, 
William R. Myers. 

They shall be printed in plain black ink upon white Paper and ink. 
paper. The paper shall not be more than two inches 
in width, and of sufficient length to contain the com- 
plete list of offices and names as above specified. The 
names of the persons upon said list, as well as of the 
offices, shall be printed one below another in the man- 
ner above indicated. The distance from the center of Dimension?, 
the name of any person in such list to the center of 
the name of the person immediately below in such list, 
shall be three-fourths of an inch, in order that the 
names in such list when pasted upon the State or local 
ballot will conform to the squares thereon. Such P isting r u ^ h_ 
pasters shall contain no heading, no printing save as 
above indicated, no writing, no blank nor any dis- 



58 



GENEKAL LAW?. 



Uulawful 
pasters. 



above indicated, no writing, no blank nor any dis- 
Pasters. tinguishing marks of any kind whatever. Sncb paster 

ballot may be gummed upon the back and pasted upon 
the State or local ballot accordingly as it is designed in 
such manner as that the squares upon the State or local 
ballot to the left of any list of names printed thereon, 
will come immediately to the left of, and opposite re- 
spectively the names printed upon such paster ballot 
and in such manner as that the State or local ballot 
will not show when folded that it contains a paster. 
The voter may then indicate his choice for any office 
by stamping the square upon the State or local ballot 
immediately to the left of the name printed upon such 
paster ballot when pasted. He shall in no other manner 
Void ballots, attempt to indicate his choice. Any stamps upon the 
State or local ballot elsewhere shall be deemed a dis- 
tinguishing mark and render the ballot void. If the 
ballot contains no distinguishing mark, the Election 
Board shall deem and count as the voter's choice the 
names of the persons upon such paster ballot having 
the square immediately to the left stamped, and they 
shall count none other. It shall be unlawful for any 
person to use the paster ballot provided for in this sec- 
tion unless he desires to vote for one or more persons 
for one or more offices respectively to be filled at such 
election, the names of which person or persons are not 
printed upon the State or local ballot, as the case may 
be, as a candidate or candidates for such office or offices 
respectively. And any paster which contains the names 
of persons only for the respective offices whose names 
are printed upon the State or local ballots as. candidates 
for the same offices respectively shall be void and the 
ticket containing the name shall not be counted. The 
voter who attempts to use a paster ballot under the pro- 
visions of this section must prepare or select a paster 
ballot containing a complete list of names for every 
office for whom he desires to vote and must vote for 
names contained upon the paster and none other. If a 
State or local ballot contains a paster placed thereon by 
the voter, as provided for in this section, any stamp 
upon such State or local ballot other than are on the 
squares at the left of the paster ballot, shall be deemed 
a distinguishing mark and render the whole ticket void. 
Every violation of the provisions of this section by a 
voter shall be deemed to be an attempt to distinguish 
his ballot and shall render the same entirely void. 
Booths. Sec. 47. 'Not more than one person shall be per- 

mitted to occupy any booth at one time, and no person 
shall remain in, or occupy a booth longer than may 



Distinguish 
ing marks. 



Void ballot. 



CONCERNING ELECTIONS. 59 

be necessary to prepare his ballot and in no event 
longer than five minutes. Not more than three per- Three voters 
sons other than the election officers shall be per- room. mi 
mitted to enter, or be in the election room, at any one 
time, and no voter or person offering to vote shall hold 
any conversation or communication with any other 
person than a member of the Election Board while in 
the election room. Any person who shall by accident ^pia?e<L allot 
or mistake spoil, deface or mutilate his ballot may, on 
returning the same to the Poll Clerks and satisfying 
them that such spoiling, defacing or mutilation was not 
intentional, receive another in place thereof, and such 
Clerks shall make a minute of the fact on the poll list 
at the time, and the mutilated ballot shall then be de- 
stroyed by the elector in the presence of the Board. 

Sec 48. Any elector who declares that by reason of Poll Clerks, 
physical disability or inability to read the English Ian- pa^baifots! 6 " 
guage, he is unable to mark his ballot, may declare his 
choice of candidates to the Poll Clerks, who, in the 
presence of the elector and in the presence of each 
other, shall prepare the ballots for voting in the manner 
hereinbefore provided, and on request shall read over to 
such elector the names of the candidates as marked. 
Any one making a false declaration under the provis- 
ions of this section shall, upon conviction, be fined in 
any sum not exceeding five dollars and be disfranchised 
for a period of five years, and any Poll Clerk or Poll 
Clerks who shall deceive any elector in selecting or^ h f |y o £™ lty 
marking any ballot, or mark the same in any other way 
than as requested by said elector, shall be guilty of felony, 
and on conviction, shall be imprisoned in the peniten- 
tiary for not less than two nor more than five years, 
and be disfranchised for any determinate period not less 
than five years. 

Sec 49. No Inspector of Election, or Judge acting Deposit of 
for an Inspector, shall deposit any ballot upon which inspector, etc. 
the initials of the Poll Clerks, as hereinbefore provided 
for, does not appear, or any ballot on which appears 
externally any distinguishing mark, defacement or mu- 
tilation. If any Inspector, Judge, Poll Clerk or other Felony, 
person entrusted with the custody or control of any 
ballot or ballots, either before or after they have been 
voted, shall in any way mark, mutilate or deface any 
ballot or place any distinguishing mark thereon, either 
for the purpose of identifying the same (except by num- 
bering protested ballots for future reference) or for the 
purpose of vitiating the same, he shall be guilty of a 
felony, and on conviction shall be imprisoned in the Penalty. 



rERAI LAWS. 

State not i than ten ] : i 'less thi i lfive y 

and r iysu] fc exceeding two thousand dollars. 

Sec. 50. A - - rem ve >r attempt t 

ballot stam] : m the dection-room, or 

ssession outside the election-room any 
ballot or stamp, either genuine or counterfeit, during the 
: . shall e guilty of fel :: ly, and on convi 
Lbeimpris in the penit ntiai v not less :_^two 

more than five years, and I e lisfranchised for any 
nate ] riod i fc less th a n ten years. 
■■ -"■"-.. .... Sec. 51. Immediately on dosing the polls, the Board 

shall count all the ballots remaining unv yte 1. re : : : 1 the 
number :: the sam the tally-sheets, and desti 

of such hall tshyt tally consuming by fire. 

Sec b'2. The 1 rd shall then pi eed to :anvass 
the votes. ginni] _ first with the State ballots and 
completing them 1 : re j i e€ tg with the local bal- 
lots, by 1 ying each ballot upon the table in the order 
in which it is taken irora the : .-.:: ' :x. and the In- 
t r 1 the Judge :: the tion. liiFermg in poli- 
tics from th Ins] tor, shall view the ballots as the 
names >f the persons voted for are Lerefrom. In 

i »nats the canvass : the v tee any I allot which is not en- 
with the initials of the Poll Clerks, as provided 
in this act. and any ball.: which shall bear any listin- 
goishing mark >r mutilation shall be void and shall not 
ml I nd any ballot :: part of a ballot from 
ch it is impossible t( Letermine the elector's choice 
of candidates, shall not be counted as :: the candi- 
:::Tiso - I I Lates affected thereby : 1 rever, 

That m pr test :: any member :: the Board such I al- 
lot, and lispnted ts -hall be preserved by the 

Inspect i . :.: it the dose of the count placed with the 

: :"-■ alio: ] nckages in ] :-.:, .\ ..:_>. securely 
sealed, nds Leliveredt the Clerk )f the county with 
notiri ation : him : : the num ei : ballots sc placed 
in such bags and ii ? the condition : the seals of the 
bah;- packages. The Poll Clerk shall also record on 
jly sheets, mei : such ballots and the 

liti noft - b ballot packages, and in any 

ntest : ction snch ballots sc Is may be sub- 

SSJJt'; 1 in ev On completing the count and 

jr. the e ts, all the remain- 

ing ball ts, pt tl - marked, mutilated or other- 

re,as ii 

11 y totally 
ring by - - ipon the 

:e a memorandum 
I and deliver a 



rCKBHING ELECTIONS. 61 

lem I : such Board. Nc [ bi -p kiwihBB of 
b i ther than the m *ml era : the Election Board. Poll election room. 
Clerks and Election Sheriffs, United States Super- 

•is rs, if \ ny pointed, shall be permitted in the 

election room during tn spt i the por- 

- : voting or during the . Lvase : th tea. 

- person who shall 1 falsely make or Deface of, etc. 
fraudulently : >r fraudulently destroy rtiu- 

cate etition of nomination, or any part t 2 

fe rt : icat e or petition of nomination, kn wing 

the sum-, i part there >f,tc be falsely ma ie : or 3) 

suppress any petition „ ~~ te of nomination which 
fa - sn duly file ny part thei : i . rge or 

falsely make the ± ment of any ballot ; r 

print, : iset sprinted ny imitation ballot ; :r 
circulate the same ; : 6 sonspire with others to do any 
id acts, r in In e, i ttempt to induce, any other 

any of said acts, whether or not sai a ts, 
or any of them.be committed, attempts Itc be :om- 
mitted. sha~- I guilty : a felony, and upon 

convi reof shall be ] nnished im] rie omentFeiony. 

in the State Penitentiary not less than two nor more 
than fiv< Bsfrj mised for any detennin-Pe-ii:- 

se than ten jars. 

Swjl 54. Any Clerk, Ins] I r, >i ther messenger cierk, la- 
entrusted with the cnst of ballots who shall openMeJW-r- 
_ a in whi I the ballots are contai J -' ■■■" 
-rmit any of them to be opened, or destroy any of 
ballots, ermit th m t stroyed; >i give 
-liver any such packages Hots 1 son 
not lawfully entil them, as herein pi 

to or in any 11. abet 

or connive at any rohhery, — -traction of any 

ballots : _ 3 si guilty of a felony, 

on convi ti - punished by imprisonment Pen. 

in the 9ta1 - n for not less than three nor more than 

ten ; isfranchised foi :. letei mil 

period not less than ten years. 

son I herein auth 

do shall enter or attempt * the election room, or mis emeanor ' 

enter or attei * - enter within the railing leading 
from 1 

tion roo: it first h _ - hal- 

■ : 
: shall remain within fifty feet of the polling 



GENERAL LA 1 : 

e, contrary to the provisions hereinbefore made, he 
Foe, shall I ; ^ailty of a misdemeanor, and on conviction 

thereof be line 1 q n -. I Lan five hundred dollai - 

stugusb- Sec. 56. If any person shall induce 3 >r attempt tc 
ingmarks. iudnee. any e wi paste, otherwise p] 

is all . - :" me : i ny | ei son r any sign or de- 

vice of any kind as a distinguishing mark by which to 
: any >tbei pers n how such elector has 
v ted, : shall enter into or attempt tc form any agree- 
ment :t : qs] m - with any >thei ^vts::: tc induce ;: 
attempt to induce electors, or any elector, tc bo place 
anv distinguishing name or mark >n his ballot, whether 
or not said act he : mmitted >i attempted' tc >e :■::_- 
Penal- ted, such person 3C rffending shall be guilty of fel- 

ony, and. nviction. be imprisons L not more than 

hvc uoi less than two years in the State's Prison. 

I:--:. :---■:-: Sic. 57. I: any person, I eing ■:. m r :: an Elec- 

feTiny.'when : - :: - Board i t her wise entitled t< [the] inspection of 
the ballots, shall reveal to any other person how any 
elector has voted, or what >thei candidates were voted 
foi d any ballot bearing a name not printed thereon 
bv the Board of Election C mmiss: ners. or _v~ 
information concerning the : ballot 

v ted, such pere qs 8 lending shall be guilty of t 
ony, and, on conviction, shall be imprisoned not less 
Penalty. - . -__ -■■■ ears nor more than five years in the State's 

Pris ; n, an I e disfranchised for any determinate t . 
- Less than ten years. 

Attempi i Sec. 5S. It anv person shall induce or attempt to in- 

induee viola- -> _ - 1 -. it ■ x> t • i * 

t: : .;-.:;.:. cluce any iiiemDei w an Hiiection ±>oar . . vi Late 
c:: of the provisions of section 47 [57], whether ::_:: such 

member : the Election Board shall violate or attempt 
to violate any of the pi visions of this act. such ] ^rsou 
Felony. - " iding shall be guilty of a felony, and, on convic- 

tion, shall be imj ris nc 1 in the State's Prison not less 
than two years nor more than five years, and be lis- 
."->-- ". :.: uny determinate period not less than ten 
years. It shall be the luty : each Ins] ectoi tc lis- 
tinctiy read this and the preceding se tion tc the! 

at the opening of the t ills, and each mem- 
ber t s] all thereupon take an oath that h 
violated and will not violate the provision- :: 

Removal or Sec. 59. Ai iv i ei - shall, during the election, 

•te-?truction of -> l L . - v .i 

remove or destroy any ol the suj _ lies or . t__r couven- 



CONCERXTNtt ELECTION'S. 63 

ienees placed in the booths as aforesaid or delivered to 
the voter for the purpose of enabling the voter to pre- 
pare his ballot, or shall, during an election, remove, 
tear down or deface the cards printed for the instruc- 
tion of the voters, or shall, during an election, destroy 
or remove any booth, railing or other convenience pro- 
vided for such election, or shall induce or attempt to 
induce any person to commit any of such acts, whether 
or not any of such acts are committed or attempted to 
be committed, shall be guilty of a misdemeanor, and on Misdemeanor, 
conviction shall be punished by imprisonment for not 
less than six months nor more than one year and be Penalty, 
disfranchised for any determinate period not less than 
ten years. 

Sec. 60. Xo officer of election shall disclose to any Electioneer - ^ 
person the name of any candidate for whom any elector 
has voted. Xo officer of election shall do any election- 
eering on election day. Xo person whatever shall do 
any electioneering on election day within any polling 
place, or Avithin fifty feet of any polling place. Xo 
person shall apply for or receive any ballot in any Duties of 
polling place other than that in which he is entitled 
to vote. Xo person shall show his ballot after it is 
marked to any person in such a way as to reveal the 
contents thereof or the name of any candidate or can- 
didates for whom he has marked his vote ; nor shall 
any person examine a ballot which any elector has pre- 
pared for voting or solicit the elector to show the same. 
Xo person except the Inspector of election, or Judge 
who may be temporarily acting for him. shall receive 
from any voter a ballot prepared by him for voting. Xo 
voter shall receive a ballot from any person other than 

•f the Poll Clerks : nor shall any person other than 

.1 Clerk deliver a ballot to an Inspector to be voted. 
>ter shall deliver any ballot to an Inspector to be 

L, except the one he receives from the Poll Clerk. 
No voter shall place any mark upon his ballot or Buffer 
or permit any other person to do so, by which it may be 
afterward identified as the one voted by him. Who- 
ever shall violate any provision of this section shall be 
deemed guilty of a felony, and on conviction shall be 
punished by imprisonment for not less than six months 
nor more than one year, and by fine of not less than 
one hundred dollars nor more than five hundred dollars, 
and be disfranchised for any determinate period not 

man ten years. 

Sec 61. Any public officer, upon whom any duty is^Hien pubiic 
imposed by this act, who shall wilfully neglect or omit felony*"' 



64 OEttEitAL LAWS. 

to perform such duties, or do any act prohibited herein, 
for which punishment is not otherwise herein provided, 
shall be deemed guilty of a felony, and, on conviction, 
shall be punished by imprisonment in the State's prison 
for not less than six months nor more than three years, 
or by a fine of not more than three thousand dollars, or 
by both such fine and imprisonment, and be disfran- 
chised for any determinate period not less than ten 
years. 

Submission of Sec. 62. Whenever any constitutional amendment 

amendments . i . • • • l i l . i 1 'i±. i • 

to Constitut'n. or other question is required by law to be submitted to 
popular vote, if all the electors of the State are entitled 
to vote on such question, the State Board of Election 
Commissioners shall cause a brief statement of the same 
to be printed on th. State ballots, and the words "yes " 
and " no " under the same, so that the elector may indi- 
cate his preference by stamping at the place designated 
in front of either word. If the question is required by 
law to be voted on by the electors of any district or di- 
vision of the State the Board or Boards of Election 
Commissioners of the county or counties, including or 
included in such division or district, shall cause similar 

When ballots provision to be made on the local ballots. In case any 
elector shall not indicate his preference by stamping in 
front of either word the ballot as to such question shall 
be void and shall not be counted. 

Affidavits, Sec. 63. All affidavits provided in this act to be used 

isposition o - on ^ e ^ a ^ o £ e i ec j.j on at tne several polling places shall, 

at the close of the count, be placed in a strong paper 
bag, or envelope, by the Election Board and securely 
sealed by them, each member indorsing his name on the 
back of such bag or envelope. Such bag or envelope 
shall be delivered within three days after the election, 
by the Inspector, to the Clerk of the Circuit Court of 
the county, whose duty it shall be to carefully preserve 
the same, and deliver it, with the seal unbroken, to the 
foreman of the grand jury when next in session. It 
shall be the duty of such grand jury to inquire into the 
truth or falsity of such affidavits. 

Count shi Eiec- d ^ EC * ^' When anv township or county holds an elec- 
tions, tion at a time other than the time of a general election, 
such election shall be held in conformity with the 
provisions of this act, and all county and local officers 
who are required to perform any duties in connection 



CONCERNING ELECTIONS. 65 

with the general election shall perform the same duties 
in connection with such special or local election subject 
to the same provisions and penalties herein prescribed 
in case of general elections. 

Sec. 65. Where any town or city shall hold an elec- Duties of 
tion at any time other than a time of a general election, 
such election shall be held in conformity with the pro- 
visions of this act, except the duties herein required of 
the County Clerk shall be performed by the Town or 
City Clerk ; the duties herein required of the Board of 
County Commissioners shall be performed by the Town 
Trustees or City Council ; the duties of the County 
Sheriffshall be performed by the Town Marshal or Chief 
of Police, and the rights of nomination of election officers 
by political parties shall be exercised by the Chairman 
of the town or city committees of such parties, if any 
such there be. Town and city officers are hereby re- T ° wn or cit y 

othcGrs 

quired to perform the various duties herein prescribed 
for the county officers in whose stead they act, subject 
to the same penalties and provisions herein prescribed 
as to such county officers. The Town and City Boards 
of Election Commissioners shall provide the necessary 
stamps and ink pads for such elections, and shall cause 
as many classes of ballots to be printed as there are 
wards or districts entitled to separate officers, ballots of 
each class having printed uniformly on the back of the 
same, the name or number of the ward or district in 
which it is to be used, and containing the names of all 
lawfully nominated candidates for all officers that the Candidates, 
voters of such ward or district are entitled to vote for 
at such election. The Commissioners of county and 
Trustees of townships in which such towns or cities are 
situated shall furnish what is necessary for use in such 
elections of the election furniture in their custody: 
Provided, That such town or city shall pay the expense Proviso, 
of moving such furniture to and from the polling places, 
and also for any damage to, or loss of such furniture. 
The Boards of Town or City Election Commissioners 
shall perform all the duties in providing and preparing 
polling places that are required of County Commission- 
ers in county elections, subject to the same provisions 
and penalties. 

Sec 66. All election days shall be legal holidays Holidays, 
throughout the district or municipality in which the 
election is held. 

Sec 67. All laws and parts of laws inconsistent with Law r s 
the provisions of this act arc hereby repealed, pro tanto : 



GENERAL La" - 

Provis t nothing in tins act contained 

shall impair the effect of any such act as to any offense 
heretofore committed under existing laws. AnJ.pr: 

. That the provisions of this act shall not apply 

tion to be held prior to the first Monday in 

June, 1890, and all dons held prior to said date 

-Lie first Monday oi June. > ! . shall be held and 

bed under the provisi us oi the laws now in force. 

e held after the first Monday in June. 

" Led : i and held under the provisions 

of this act. 



CONCERNING ELECTIONS. 67 



CHAPTER CCXXVL 



AN ACT to amend sections fifty-seven (57) of an act entitled " An act 
concerning elections and the contest thereof/' approved April 21, 
1881, and five (5) of the act amendatory of the acts of 1859 "con- 
cerning the election and qualification of Township Trustees," and 
section one (1) of an act entitled "An act to provide for township 
elections, and repealing laws inconsistent therewith," approved 
March 3, 1877, and section one (1), providing for election, number 
and term of Constables, in force in May, 1853 ; also section one (1) 
of an act entitled " An act to amend sections one (1), six (6), nine- 
teen (19), twenty (20) and thirty-four (34) of an act entitled ' An 
act concerning highways and Supervisors thereof,'" approved March 
2, 1883, approved April 13, 1885, to the first four of the same, being 
sections 4735, 5974, 5991 and 5992 of the K. S. of 1881. 

[Approved March 11, 1889.] 

Section 1. Be it enacted by the General Assembly of the Act amended. 
State of Indiana, That said section 57, the same being 
section 4735 of the R. S. of 1881, be and the same is 
hereby amended so as to read as follows: Section 57. Justices of the 
An election shall be held in each township in each Son o'f. Elec ~ 
county in this State on the first Monday of April, 1890, 
and every fourth year thereafter, for the purpose of 
electing Justices of the Peace, Township Trustees, Trustees, 
Assessors, Constables, and such other officers of town- constiNe!** 
ships as may be provided for by law, which elections 
shall be 'conducted by the officers and governed by the Elections, how 
provisions of the law with respect to general elections, conducted - 
so far as applicable. 

Sec. 2. Section one (1), the same being section 5992 Amendatory. 
of the R. S. of 1881, is hereby amended to read as fol- 
lows: Section 1. Any person who has held the office 
of Township Trustee of any township in this State for Eligibility, 
two terms consecutively at the date of the next town- 
ship election in April, 1890, shall not be eligible to said 
office for the next ensuing term; and thereafter no per- 
son shall be eligible to the office of Township Trustee 
more than four years in any period of eight years. 

Sec. 3. Section 5, the same being section 5991 of the Amendatory. 
R. S. of 1881, is hereby amended to read as follows: 
Section 5. The qualified voters in each township shall, 
on the first Monday in April, 1890, and every fourth 
year thereafter, at the usual place or places of holding Township 
elections in such township, elect a Township Trustee, Election of 
who shall hold hie office for four years and until his i W a. 



GE>*ERAL LAWS. 

successor is elected and qualified. Before entering upon 
the duties of his office said Trustee shall take an oath 
or affirmation before some person authorized to admin- 
ister the same for the faithful performance of his 
ies, and execute a bond, conditioned as in ordinary 
official bonds, with at least two freehold sureties, in a 
- in not less than double the amount of money 
which may come into his hands at any time during his 
term, by virtue of his office, to the acceptance of the 
County Auditor, which bond shall remain on file in the 
office of the County Auditor. 

Sbc. 4. Section 1, the same being section 5974 of the 
R. S. of 1831. is hereby amended to read as follows: 
Section 1. There shall be elected at the April election 
in each township a number of Constables equal to the 
number oi Justices of the Peace in any such township. 
who shall hold their offices for four years from such 
election. 

Sec. 5. Section 1 of an act to amend sections 1, 6. 
19. 20 and 34 of an act entitled" An act concerning 
highways and Supervisors thereof.'"' approved March 2. 
1883, is hereby amended so as to read as follows: Sec- 
tion 1. That the qualified voters in each township of 
the aevei : : antiea in this State shall elect a Supervisor 
in each of the road districts in their respective town- 
shit; s .t the election he.. I for electing township officers. 
I his office for fouryears thereafter. Each 
Su] shall receive the sum of one dollar and fifty 

p.- :: \ > . . : 1. y for his services a performed, to be 

paid out of the townshi] treasury: but before receiving 
the same he shall rile his sworn statement with the 
Trustee, which statement shall specify the days and 

Proviso. - on which services were performed: Pre: 

Such Supervisor shall not be entitled to charge or 

receive any compensation whatever tor a number of 

days equal to that required by other persons of his road 

district liable to work on highways. Upon the taking 

it 'z this act, if deemed necessary by any Trustee 

of any township, such Trustee shall divide his township 

le road districts, and if any additional road 

districts shall be created he shall appoint Supervisors 

:. to hold their offices until their successors shall 

be elected and qualified; and whenever such Trustee 

shall deem it necessary he may make any change in 

such road districts that may subserve public interests : 

ProriM. Provided^ however, That such change of existing boun- 

daries of road districts shall not be made except upon 
the | q ot six householders and freeholders living 

in the immediate vicinity of the change proposed to be 



IRXING ELECTIONS. 






made, and on dividing his township into road districts, 
or when any change is made thereof, such Trustee shall 
rec >rd a plat thereof in the highway record of his 
township, which shall distinctly show the roads and 
parts of roads belonging to each road district 



CHAPTER CLXXXVL 



AS ACT to amend section 59 of an act entitled an a;: ;: morning elec- 
tions, in force September 19, 1SS1. The same being section 4737 of 
the R. S. of 1881. 

[Appeovzd March 9, 1889.] 

Section 1. Be it enacted by '-■. if the Ad amended. 

State of Indiana. That section 59 of the above entitled 
act be and the same is hereby amended to read as fol- 
lows : Section 59. Such certihcate shall entitle the Elections, 
holder to qualify and enter upon the discharge of the 
duties of the office to which he is elected, at the expi- ^"^hoid'er 
ration often days from the day of such election, except r^'y. 
that of Township Trustee and Township Assessor, who 
shall enter upon the duties of their offices on the first l-''^I:= ; ; .-i 
MoDday of August following such election, and also ex- A ^^ ors - 
cept that the certificates of election of Justices of the Justices of 
Peace shall be forwarded by the inspector aforesaid to thsPeace ' 
the Clerk of the Circuit Court, who shall certify the re- 
sult for that office to the Secretary of State. 



70 



GENERAL LAWS. 



CHAPTER CC. 

AN ACT to uecnrp the purity and freedom of the ballot, and to repeal 
sect < , three and five of an act entitled "An act to protect 

the ballot box, to procure fair elections, to prevent the purchase or 
sale of votes, to provide means of proving such offenses, prescribing 
the punishment therefor, and repealing sections two hundred and 
Bixty-eight and two hundred and sixty-nine of "An act concerning 
public offenses and their punishment," approved April 14, 1881, be- 
ing sections 2184 and 2185 of the Kevised Statutes of 1881, and re- 
pealing all laws and parts of laws in conflict with the provisions of 
this act. 

[Approved March 9, 1889.] 



Elections. 



Unlawful to 
hire or buy 
any person to 
vote. 



Liability. 



Action, ho^ 
brought. 



Complaint. 

Arrest. 
Bail. 



Section 1. Be it enacted by the General Assembly of the 
State of Indiana, That whoever hires or buys, directly or 
indirectly or handles any money or other means know- 
ing the same is to be used to induce, hire or buy any 
person to vote or refrain from voting any ticket or for 
any candidate for any office at any election held pur- 
suant to law, or at any primary election or convention 
of any political party, then the person so offending in 
any one of the foregoing particulars, and all other per- 
sons aiding, abetting, counseling, encouraging or advis- 
ing such acts, shall thereby become liable jointly and 
severally to the person hired, bought, or induced to vote 
or refrain from voting by the means above enumerated, 
in the sum of three hundred dollars, and reasonable at- 
torney's fees for collecting the same in an action to be 
brought as hereinafter provided, on the relation of the 
voter in whose favor the liability is created by this sec- 
tion. 

Sec. 2. When any liability accrues against any per- 
son in favor of another under the provisions of the 
foregoing section, the latter may bring an action there- 
for in the name of the State of Indiana- on his own re- 
lation, either in the Circuit or Superior Court or before 
any Justice of the Peace in the county where the de- 
fendant or one of the defendants reside, on a complaint 
in writing under oath. 

Sec 3. When the complaint is filed in the Circuit or 
Superior Court the clerk shall issue a warrant to the 
Sheriff of any county, or several warrants to Sheriffs 
of different counties where the defendant or different 
defendants may be, commanding sach sheriff to arrest 
the defendant or defendants. The person arrested in 
vacation may be admitted to bail by the sheriff, by en- 
tering into a bond payable to the State of Indiana, with 



CONCERNING ELECTIONS. 71 

at least two good freehold sureties resident in the 
county where the action is brought, to the approval of 
the sheriff, in a penalty of one thousand dollars condi- 
tioned that such defendant will appear on the first day 
of the next term of said Court, and contiuually until 
said cause is disposed of, and abide the order of the 
Court; and in default of such bail the sheriff shall 
commit him to the jail of the county where the action 
is pending. The Judge of the Circuit or Superior 
Court may discharge such defendant on a writ of habeas Habeas 
corpus if on the hearing of such writ no cause for his 
imprisonment appears. 

Sec. 4. When the complaint is filed before a Justice Justice of. 
of the Peace he shall issue a warrant to the proper ^SJant! when 
Constable, commanding him to arrest the defendant and 
bring him forthwith before him for examination. 

Sec. 5. Upon the arrest of the defendant by the Con- R U i es of 
stable, or the return of the warrant that he can not be evidence, 
found, such Justice shall proceed to hear and determine 
said complaint. The rules of evidence both before the 
Justice and in the Circuit and Superior Courts shall be 
the same as in civil cases. 

Sec 6. If the Justice on hearing adjudges that there Bond. 
is probable cause for the prosecution, he shall, if such 
defendant is in custody, require him to enter into a 
bond in the penal sum of one thousand dollars, with at 
least two good freehold sureties resident in the county, 
payable to the State of Indiana, and conditioned that he 
will appear on the first day of the next term of the 
Court wherein the prosecution is pending to answer 
such complaint, and not depart without leave until the 
final disposition of said prosecution, and abide the 
judgment and orders of such Court, or, failing therein, 
he will pay such sums of money and to such persons as 
may be adjudged by such Court, and shall transmit such Bond and 
bond, together with a certified transcript of his pro- tran8cn P*- 
ceedings and the other papers in the cause to the Clerk 
of the Circuit or Superior Court of the proper county. 
And if such defendant shall fail to give such bond such 
Justice shall commit him to jail until discharged by 
law. Such bond, or any bond giren by said defendant 
on any continuance or arrest, may be put in suit for a 
breach thereof by the relator in the name of the State 
of Indiana for his benefit, and the measure of recovery 
on said bond shall be the amount of any judgment the judgment, 
relator recovered in the original prosecution, and all 
costs therein, or, in case the original prosecution has 



7 'J &E-NERAL LAWS. 

not yet been tried, then the amount the relator can 
show he would have been entitled to recover, and all 
costs therein and all costs in the suit on the bond. 
Discharge $ec. 7. Any person committed to jail for failure to 

when? ai give bond may be discharged from custody by filing, at 

any time after such commitment, such bond with the 
Clerk, and with his approval ; and a certificate thereof 
by the Clerk to the Sheriff or jailer shall be sufficient to 
authorize him to discharge said defendant from custody. 
TriaI - Sec. 8. The trial and continuance of such prosecu- 

tion, both before the Justice and the Circuit or Superior 
Court, shall, in all respects herein not otherwise pro- 
vided, be governed by the law regulating civil suits, ex- 
cept that in trials before Justices no jury shall be al- 
lowed. 

Sec. 9. A continuance for cause may be granted to 
either party both in the Circuit or Superior Courts, and 
before the Justice, and upon the Justice granting such 
continuance to the defendant a like bond shall be re- 
quired of him as is required in the sixth section for his 
appearance before the Justice instead of the Circuit or 
Superior Court on the day to which the cause is con- 
tinued, or commit him to jail for failure to give such 
bond: and such defendant may be discharged from 
custody in the same manner as in the seventh section 
provided. 
Transcript of Sec, 10. If the defendant shall not have been ar- 
J f3e!wkh" e:c " rested, or has escaped after arrest, such trial shall pro- 
cierk, when. ceec [ i n n i. s absence; and if it be adjudged that there is 
probable cause for such prosecution the Justice shall 
transmit the papers and a transcript of such judgment 
and proceedings without delay to the Clerk of the Cir- 
cuit or Superior Court of the proper county, who shall 
file and docket the same for trial: and such cause shall 
be heard and determined whether the defendant appear 
or not the same as if he were present. ~YThen no arrest 
has been made notice by publication in a newspaper 
may be given the defendant as in other civil cases in 
the Circuit or Superior Court. 
Lien, whec Sec 11. The filing of such transcript as in sections 

gcriptoperates, six and nine provided, and the filing the complaint 
with the Clerk as in section three in this act provided, 
shall operate from the time of such filing as a lien upon 
the real estate of such defendant in the county to the 
extent of the judgment, which may afterward be ren- 
dered against him in such prosecution ; and such judg- 
ment shall have the same effect and lien as if rendered 
at the time of such films'; and such lien shall he de- 
clared in guch judgment. 



l o > 



CONCERNING ELECTIONS. 73 

Sec. 12. If the finding of the Circuit or Superior Defendant* 
Court of the jury trying the cause is for the defendant Mtoritr^ 
he shall recover a reasonable attorney's fee, costs fees ' when * 
against the relator, and be discharged; if the finding is 
for the plaintiff the State shall recover judgment against state to re- 
the defendant in the sum of three hundred dollars for me V nt, whin, 
the use and benefit of the relator, a reasonable fee for 
his attorney in said prosecution, and all costs;* and the 
Court shall require of such defendant, if he be in cus- 
tody, to replevy such judgment by good freehold Replevy and 
surety, the length of stay to be six months from the date ment° JU ff " 
of the judgment, or in default thereof, shall commit 
such defendant to jail to remain until discharged by 
law. 

Sec 13. Execution may issue on such judo inputs 
whenever any amount remains unpaid on the same, and Executions, 
shall be executed without relief from valuation and 
appraisement laws. 

Sec. 14, Any and all contracts and agreements made 
for the purpose of evading the provisions of this act Contracts, etc. 
shall be absolutely void. 

Sec. 15. All of sections one, two, three and five of 
an act entitled "An act to protect the ballot-box, to Laws repealed, 
procure fair elections, to prevent the purchase or sale 
of votes, to provide means of proving such offenses, 
prescribing the punishment therefor," and repealing 
sections two hundred and sixty-eight and two hundred 
and sixty-nine of "An act concerning public offenses 
and their punishment," approved April 14, 1881, being 
sections 2184 and 2185 of the Revised Statutes of 1881, 
approved March 18, 1885, except so much thereof as 
makes the mere offer to hire or buy any person to vote 
or refrain from voting a criminal offense; and all laws 
and parts of laws in conflict with the provisions of this 
act are hereby repealed. 

Sec. 16. It is declared that an emergency exists for 
the immediate taking effect of this act; the same shall Emergency, 
therefore be in force from and after its passage. 



CHAPTER CXXX. 

AN ACT concerning elections and nominating conventions, to maintain 
political purity, and prescribing the punishment for any violation 
thereof. 

[Approved March 9, 1889.] 

Section 1. Be it enacted by the General Assembly of Me Election. 
State of Indiana, That any person being a candidate for 
nomination to any office of profit or trust under the Unlawful for 
Constitution or laws of this State, or of the United fJJn, 1 payor 
States, before any convention held by any political w i ^ n money * 
party, or at any primary election, who loans, pays or 



74 GENERAL LAWS. 

gives, or promises to loan, pay or give, any money or 
other thing of value to any delegate or elector, or any 
other person, for the purpose of securing the vote or 
influence of such delegate, elector or person for his 
nomination, and whoever hires or otherwise employs 
for consideration any person to work for the nomina- 
tion of any person to any office, or to work for the 
selection of any delegate to be chosen at any party con- 
Fine, vention or primary election, shall, upon conviction 
thereof, he lined in any sum not more than five hundred 
dollars, and disfranchised and rendered incapable of 
holding any office of profit or trust within this State 
for any determinate period, and if nominated shall be 
ineligible to hold such office. 
Unlawful to Sbc. 2. Whoever, being a candidate for any office, 
mone^to'eiec- loans or gives, directly orlndirectly, or offers or prom- 
tor, etc. i se8 to loan or give any money or other thing of value 
to any elector for the purpose of influencing or retain- 
ing the vote of such elector, or to induce such elector 
to work or labor for the election of such candi- 
date, or to refrain from working or laboring for 
the election of any other candidate, or to any per- 
son, to secure or to retain the influence or vote 
of such elector in his behalf as such candidate, or 
to be used by such person in any way to influence the 
vote of any elector, or of electors generally, for himself 
or any candidate or ticket, and whoever hires or other- 
wise employs for consideration any person to work at 
the polls on election day for the election of any candi- 
Fino. date to be voted for at such election, shall be fined in 
any sum not more than one thousand nor less than 
three hundred dollars, and shall be disfranchised and 
rendered incapable of holding any office of profit or 
trust within this State for any determinate period, and 
Violation of a violation of any provision of this section by any per- 
a!& n etc? n ~ son elected to such office shall render his election void, 
and if he has taken the office, upon conviction shall 
operate as a vacation of the same. 
Use of money Sbc. 3. That any person who shall give or offer to 
per^o d n U s c tovotIg iv e, directly or indirectly, any money, property or 
etc - other thing of value, to any elector to influence his 
vote at any regular election held in this State pursuant 
to law; or who shall, at any such election, solicit, fur- 
nish or receive any money or other means for such pur- 
pose, or who shall aid, advise, counsel or suggest to any 
person, or to persons generally, to use or procure any 
money or other means to be used to induce, hire, or buy 
any person or persons to vote or refrain from voting 
for any candidate or candidates, or to remain away 






CONCERNING ELECTIONS. 75 

from the polls at any election, whether or not any such 
person shall act or attempt to act upon any such coun- 
sel, advice or suggestion, shall be guilty of a misde- Misdemeanor, 
meanor, and upon conviction thereof shall be fined in 
any sum not less than twenty-five dollars and not more 
than one hundred dollars, and imprisoned in the county 
jail not less than ten days nor more than six months, 
and disfranchised and rendered incapable of holding Penalty. 
any office of trust or profit for any determinate period 
not less than ten years, or imprisoned in the State's 
Prison at hard labor not less than one nor more than 
Hve years, and disfranchised and rendered incapable of 
holding any office of profit or trust for the period afore- 
said. 

Sec. 4. That any person who shall, directlv or indi- To induce 

., • /s? a. • x i a electors to re- 

rectly, give, oner or promise to give to any elector any main away 

money, property or other thing of value for the purpose from polls ' 

of preventing, influencing, inducing or procuring such 

elector to refrain from voting or to remain away from 

the polls at any election held under the laws of this 

State, shall be guilty of a misdemeanor, and upon con- Misdemeanor. 

viction thereof shall be fined in any sum not less than 

twenty-five dollars or more than five hundred dollars, Fine. 

and disfranchised and rendered incapable of holding 

any office of trust or profit for any determinate period 

not less than ten years, to which may be added impris- imprisonment 

onment in the county jail for any period not to exceed 

six months. 

Sec. 5. At any election held under and pursuant to Challenge, 
any law of this State, it shall be a ground of challenge eroundtor * 
that any person offering to vote has used or attempted 
to use money or other means to buy, hire or induce any 
elector to vote or refrain from voting for any candidate 
or candidates, or has advised, counseled or suggested 
bribery of any elector or electors at any such election, 
whether the same has been acted on or not; or has sold 
or offered to sell his vote for any candidate or candi- 
dates, at any" such election. And when so challenged 
such elector shall not be permitted to vote until he has 
taken and subscribed the following : 
State of Indiana, I 

County. / ss * 

I, , do solemnly swear (or affirm) that I Affidavit, form 

have not used or attempted to use any money or other of * 
means to buy, hire or induce any person or persons to 
vote or refrain from voting, or to remain away from 
the polls at this election; and that I have not counseled, 
ifdvised, suggested or procured any person or person! 






76 GENERAL LAWS. 

to bribe any elector or electors to vote for any candi- 
date or candidates, or to refrain from voting, or to re- 
main away from the polls at tiiis election, and that I 
have not sold or offered to well my vote, either directly 
or indirectly, at this election. 

Subscribed and sworn to before me this day of 

18.... 



U'aise affidavit. Sec. 6, Whoever shall willfully or knowingly make 
a false affidavit under this act shall be guilty of perjury 
and punished accordingly. All affidavits made under 

Affidavit, the preceding sections shall be filed with the Board of 

when filed. Election and preserved by such Board in the manner 
as other similar affidavits and papers are preserved. 

Laws repealed. Sec. 7. Sections one, two, three and five of an act 
entitled "An act to protect the ballot box, to procure 
fair elections, to prevent the purchase or sale of votes, 
to provide means of proving such offenses, prescribing 
the punishment therefor, and repealing sections two hun- 
dred and sixty-eight and two hundred and sixty-nine 
of an act concerning public offenses and their punish- 
ment, approved April 14, 1881, being sections 2184 and 
2185 of the Revised Statutes of 1881," approved March 
17, 1885, and all laws and parts of laws in conflict with 
the provisions of this act are hereby repealed. 

Ballot box, Sec. 8. Any person not duly authorized by law who 

seals and locks shall, during the progress of any election in this State, 
or after the closing of the polls and before the ballots 
are counted and result ascertained, or within six months 
thereafter, break open or violate the seals or locks of 
any ballot-box, paper envelope or bag in which ballots 
have been deposited at or after such election, or who shall 
obtain possession of such ballot-box, paper envelope or 
bag containing such ballots, and cancel, withhold or 
destroy the same, or who shall fraudulently or forcibly 
add to or diminish the number of ballots legally de- 
posited therein, or who shall fraudulently make any 
erasure or alteration of any kind upon any tally-sheet, 
poll-book, list of voters or election return deposited 

Fine, impris- therein, shall be fined in any sum not more than one 
thousand nor less than five hundred dollars, and im- 
prisoned in the State Prison not more than ten nor less 
than two years, and disfranchised and rendered incapa- 
ble of holding any office of profit or trust in this State 
for any determinate period. 









CONCERNING ELECTIONS. 77 



CHAPTER CXLIY 



AN ACT requiring electors to furnish evidence of their legal qualifica- 
tions in certain cases and prescribing penalties. 

[Approved March 9, 1891.] 

Section 1. Be it enacted by the General Assembly 0/ Electors that^ 
the State of Indiana, That each elector shall vote by- 
ballot in the precinct wherein he resides. Any person 
who, having been a resident of Indiana, and a qualified 
voter therein at any general election, shall have absent- 
ed himself from the State for a period of six months or 
more since last so voting, or who shall have gone into 
any other State or sovereignty with the intention of 
voting therein since last so voting, or during any ab- 
sence in another State or sovereignty, shall have voted 
therein, since last so voting, and also any person who 
shall not have been a bona fide resident of the county 
in which he resides at least six months before any elec- 
tion, shall, before being entitled to vote at such election 
in this State, register in the office of the Clerk of the 
Circuit Court of the county in which he resides, a notice 
that he claims to be a legal voter in such county. Such 
registration shall be made at least fifty-nine days prior Time of. 
to any such election, and the notice shall state such 
person's name, age and place of residence (by which 
shall be understood his lodging place), both at the time 
of registration and during the period of four months 
prior thereto. The notice shall be the form follow- 
ing, and shall be sworn to before such clerk : 

State of Indiana, 



County 






I, , the subscriber hereto, hereby declare that I Form of , 

am a qualified elector under the laws of Indiana entitled 

to vote at the election to be held on the day of 

; that I wns years of age on my last birth- 
day; that my Lodging place is now (here insert exact 
location); that four months prior to this date my lodg- 
ing place was (here insert exact location); that after 
leaving said location I removed to (here insert exact 
location), and I am now a bona fid* residenl of the pre- 
cinct in which I lodge: 

Provided, That the provisions of this section respect- 
ing such registration and notice shall not apply to any 
voter who, six months or more previous to any election 
shall have registered with said Clerk a notice declaring 



78 GENERAL LAWS. 

his intention to hold his residence in this State during 
a contemplated absence, and that during such absence 
he will not exercise the right of suffrage elsewhere, and 
which notice shall be as follows, and shall be sworn to 
before said Clerk : 

State of Indiana, \ 

CoUNIY, j SS * 

I, , the subscriber hereto, a qualified voter of 

(here insert the name, his precinct, ward, township, 
town or city in said county), intending to absent my- 
self, do hereby declare my intention to hold my resi- 
dence as a voter in said State, and that I will not exer- 
cise the right of suffrage elsewhere during my absence, 
recordof ke ^ n ^ ne n ^ n g °f au y uotice, as provided for in this 
section, it shall be the duty of such Clerk to enter the 
name and residence of said elector and date of the 
filing of said notice in a book furnished for said pur- 
pose, to be open at all times to the inspection of the 
public, and safely preserve said original notice, and de- 
Certified copy, liver a certified copy of the same to the elector so reg- 
istering ; and on demand of any challenger or member 
of the Election Board such elector shall be required to 
produce the same before being allowed to vote. l^"o 
Registering by person shall register for any other person, or in the 
Fte°d xy prohlb " name of any other person, or present the copy of the 
register for any other person at a polling place, or in- 
duce, hire or advise any other person not to register 
who may be required to register as above. Any per- 
Vioia'tion of, son violating the provisions of this section, or who 
a felony. shall vote or attempt to vote without having been 
registered when required to do so as above, shall be 
Penalty. guilty of a felony, and, upon conviction, shall be im- 
prisoned in the State Prison for not less than one or 
more than jiye years, and be disfranchised for any de- 
Costof terminate period. E~o elector shall be at any cost or 

registry. charge for such registration or certificate thereof, and 

the Clerk shall be allowed twenty-five cents, and no 
more, for each registration and certificate thereof, to be 
in full for all services connected therewith, which 
How paid. allowance shall be made out of the County Treasury by 
the Board of County Commissioners on itemized state- 
ments sworn to by said Clerk. 



! NSTRUCTiONS 



-TO 



Voters and Election Officers. 



•airmen — Having 1 - >mmitte€ I 

matt - law, 

- traction of the 

■ . and the 
form- isted are hereunto i _ . 

William E. Xiblack, 
B. Bla 
Case, 
A] . Harris, 

R< Hawkins, 

Jacob P. Dumsr, Jr. 
September 2 r >. 18 

We concni I - rt. 

L. T. Mil bes 
E 

( II 18. L. Jewett, 
Indianapolis, Septembei 25, U 



80 GENERAL LAWS. 



NOTICE OE ELECTION. 



County Commissioners should give notice of the boundaries 
of the precincts and of the voting places therein, in the man- 
ner provided for in Section 2 of the statute, by at least one 
publication in one Democratic and one Republican newspaper, 
at least one month before the election, and by posting notices 
thereof in four of the most public places in each precinct. 

ARRANGEMENT OF BLANKS AND TICKETS. 

On the State ticket the names of the candidates w r ill be in 
the following order : 
For Secretary of State. 
For Auditor of State. 
For Treasurer of State. 

For Judge of Supreme Court, Fifth District. 
For Attorney-General. 
For Clerk of the Supreme Court. 
For Superintendent of Public Instruction. 
For Chief of Bureau of Statistics. 
For State Geologist. 

On the local tickets the names of the candidates should be 
m the following order, as far as applicable to the particular 
county : 

For Representative in Congress Congressional District. 

For Judge of Circuit Court Judicial Circuit. 

For Prosecuting Attorney Judicial Circuit. 

Forjudges of Superior Court County. 

For Judge of Criminal Court County. 

For Senator County. 

For Joint Senator Counties. 

For Representatives County. 

For Joint Representative Counties. 

For Clerk of Circuit Court. 

For County Auditor. 

For County Treasurer. 

For Recorder. * 

For Sheriff. 

For Coroner. 

For County Surveyor. 



CONCERNING ELECTIONS. 81 

For Count j Commissioner First District. 

For County Commissioner Second District. 

For County Commissioner Third District. 

On the blank forms to be provided by the County Auditor, 
under Section 6 of the statute, the names of the candidates 
should be arranged in the above order. 

CHUTE. 

In constructing the chute, and in enforcing the provision that 
no person shall remain within fifty feet of the challenge win- 
dow, regard should be had to the purpose of the statute. Pas- 
sage along the highway should not be unduly obstructed. 
Persons passing or being within fifty feet for manifestly neces- 
sary and lawful purposes should not be hindered or molested. 

We recommend the following instructions to voters, required 
by Section 35 to be printed on the cards which are to be posted 
at the polls as sufficient to meet the requirements of the law : 

INSTRUCTIONS TO VOTERS. 

First. You must get your ballots of the polling clerks in the 
election room. 

Second. If you want to vote a straight ticket, stamp the 
square to the left of the name of the party for whose candi- 
dates you wish to vote. If you do not wish to vote a straight 
ticket, then do not stamp the square to the left of the name of 
your party, but stamp the square to the left of the name of 
each candidate for whom you desire to vote, on whatever list 
of candidates it may be. 

Xote.— For the words " square to the left of the name of the 
party," supply "large square surrounding the emblem of the 
party/' 

Third. Do not mutilate your ballot, or mark it either by 
scratching a name off" or writing one on, or in any other way, 
except by the stamping on the square or squares, as before 
mentioned. Otherwise the ballot will not be counted. 

Fourth. After stamping your ballots, and before leaving the 
booth, fold them separately, so that the face of them can not 
be seen and so that the initial letters of the names of the poll- 

6 



82 GENERAL LAWS. 

ing clerks on the back thereof can be seen. Then hand your 
ballots to the inspector, the stamp to the polling clerk, and 
leave the room. 

Fifth. If you are physically unable to stamp your ballots, 
or can not read English, so inform the polling clerks and tell 
them how you wish to vote and they will stamp your ballots 
for you. But the voter and clerks should not permit any other 
person to hear or see how the ballots are stamped. 

Sixth. If you should accidentally or by mistake deface, mu- 
tilate or spoil your ballot, return it to the poll clerks and get a, 
new ballot. 

[Insert Sections 43, 50, 55, 56, 59 and 60 in full.] 

SAMPLE BALLOTS. 

The sample State and local ballots, provided for by Section 
35 of the statute, acts of 1889, page 174, three of which are to 
be posted by the Inspector in and about each polling place, 
should be printed in large type, each on a sheet of paper about 
25x38 inches in size. The sample State ballot will be prepared 
by the State Board of Election Commissioners and inclosed in 
the package of State ballots for each precinct. They will be 
printed on yellow paper, and will have printed thereon the 
words : " Sample Ballots. Genuine State ballot is on red 
paper." 

The sample local ballot should be prepared by the County 
Board of Election Commissioners, and inclosed in the package 
of local ballots for each precinct of the county. The sample 
local ballot should be printed on green paper, and should have 
printed thereon the words : " Sample ballot. Genuine local 
ballot is on white paper." 

If deemed desirable by committees of political parties or by 
candidates, for the purpose of the instruction of voters, ballots 
conforming to the above description of sample ballots may be 
printed of any size, on yellow and green paper, respectively, 
and posted up or circulated by such committees or candidates 
at any time during the political canvass. 

BALLOTS. 

As there are two ballots and two ballot-boxes, Inspectors 
should be extremely careful to put the red ticket in the red 
box and the white ticket in the white box. 



CONCERNING ELECTIONS. 83 

The initials of the poll clerks on the back of each ballot 
should be scrutinized before the ballot is deposited in the box, 
as a safeguard against possible forgery of ballots. In case a 
voter offers a ballot that is not folded so as to show the initials 
of the the poll clerks, it should be returned to him, with in- 
structions to go into the booth and refold it so that they will 
be shown. If a voter offers a ballot so folded that the name of 
any candidate voted for is disclosed, it can not be placed in the 
box, and he can not thereafter be allowed to vote. This ballot 
should be surrendered and destroyed, and a minute of the occur- 
rence, with the statement of the destruction of the ballot, 
should be entered upon the poll list opposite the name of the 
person. 

CHALLENGERS AND POLL-BOOK HOLDERS. 

Section 41, of the Act of March 6, 1889, provides : " One 
challenger and one poll-book holder appointed and designated 
by each party organization shall be entitled to stand at the 
side of the chute near the challenge window.'" The county 
chairman should provide a written appointment for such per- 
sons, which should be recognized by the Election Board, unless 
revoked and a substitute appointed over the same signature. 

The Judges of the Marion Superior Court have construed 
Section 2 of the political purity act oi March 9, 1889 (chapter 
Acts 1889), to prohibit the payment of challengers, poll- 
book holders, drivers, or any other party workers on election 
day. TTe acquiesce in their construction of that act. 

ELECTION SHERIFFS. 

Election Sheriffs will preserve order at the polls, make ar- 
rest- on the demand of a member of the Election Board, or on 
affidavits. 

They should conduct blind voters, or others needing physical 
assistance through the chute, and to and from the voting room. 

They should attend from the opening of the polls to the con- 
clusion of the count. 

COUNTING OUT. 

When the polls are closed, the Election Board must first 



84 GENERAL LAWS. 

count the ballots remaining and unvoted, and the clerks must 
record the number of unvoted ballots on the tally sheets. 
Thereupon these unvoted tickets must be totally consumed by 
lire. The Board must then count the State ballots before 
counting the local ballots, by laying each ballot upon the table, 
in the order in which it is taken from the ballot-box, and the 
Inspector and the Judge of the Election, differing in politics 
from the Inspector, shall view the ballots as the names of the 
persons voted for are read therefrom. If a ballot is not stamped 
on one of the squares at the left of the titles of the tickets, it 
will be counted for the names with stamps on the squares to 
the left of them, and no others. If tv^o or more names of op- 
posing candidates for the same office are stamped, neither can 
be counted. 

If the title of a ticket is stamped and no names are stamped, 
the ballot will be counted for all the names on the ticket whose 
title is stamped. If two or more titles are stamped, the ballot 
must be treated as if neither title was stamped. 

If the title of one ticket is stamped, and also names ou 
other tickets, the ballot must be counted for the names so 
stamped, and also for all the names under the title stamped, 
except the opponents of the names stamped. This is 
subject to the following exception : In case there are two or 
more candidates for the same office on the same ticket, as in 
case of candidates for the Legislature, Judges of the Superior 
Court, Justices of the Peace, etc., in some counties, if the title 
of one ticket, and the names of one or more, but less than all, of 
such candidates on another ticket are stamped, such ballots 
can not be counted for any of the candidates for such offices, 
for the reason that the intention of the voter is not apparent. 
If a voter desires to vote a mixed ticket as to such offices, he 
must stamp the name of each candidate for wdiom he desires to 
vote, wdiether he stamps the title of a ticket or not. To avoid 
possibility of mistakes in such cases, election officers should 
advise voters, if they vote a mixed ticket, to stamp the name 
of each person voted for. 

Note. The preceding paragraph is of no effect, owing to the 
change in the system of stamping. 

If any ticket is found not endorsed with the initials of the poll 
clerks, or if any ticket bears any distinguishing mark or mutil- 
ation, it shall not be counted ; so, if any ticket properly en- 



CONCERNING ELECTIONS. 85 

dorsecl, and not mutilated, is so made up that it is impossible 
to determine from the ballot the elector's choice of candidates, 
such ballots shall not be counted as to the candidate or candi- 
dates affected thereby, but should be counted as to the candi- 
dates not thereby affected. In making the count, if any mem- 
ber of the Board shall protest or object to the decision of a 
majority thereof, as to counting or not counting the ticket, such 
ballots must be preserved by the Inspector, and the poll clerks 
must record on the tally sheets a memorandum, stating how the 
tickets were stamped and counted, describing them for identifi- 
cation. 

On completing the count of the State ballots and recording 
the tallies, the Board must then totally consume by fire the un- 
disputed ballots, and the Inspector must preserve, as herein- 
after stated, the disputed ballots. 

The Board will then proceed to count the local ballots in the 
same manner. 

The count ended, the Board must fill up the election return 
papers, showing the total vote cast for each candidate, and im- 
mediately make a memorandum of the total vote cast for each 
candidate and deliver a copy thereof to each member of such 
board. 

RETURNS. 

The count being completed, the board must place in a paper 
bag or envelope, to be furnished for that purpose, all affidavits 
made and taken during the election, which bag or envelope 
must be securely sealed by the Coard. Each member of the 
Board must indorse his name on the back of such bag or en- 
velope, which must be directed to the Clerk of the county, to 
whom the Inspector must deliver such bag or envelope within 
three days. 

All protested and disputed ballots preserved from destruc- 
tion must be put in another bag furnished for that purpose, 
together with the seals of the ballot packages, in the same con- 
dition as they were when the packages were opened at the be- 
ginning of the election. The Inspector must seal this bag with 
wax and indorse thereon the number of ballots therein and the 
condition of the seals of the ballot packages, with the namo of 



86 GEEERAL LAWS. 

the township and the number of the precinct. And such In- 
spector shall deliver the same at the earliest possible period to 
the Clerk of the county. 

In a third bag must be placed one of the lists of voters 
kept by the poll clerks and one of the tally papers, which bag 
must be tightly closed and sealed with wax by the Inspector, 
in the presence of the judges ; and the Inspector must deliver 
the same to the County Clerk on or before the Thursday next 
succeeding the day of election, and make the affidavit required 
by Section 4713, of the Eevised Statutes of 1881. ■ 



APPENDIX. 



PART TWO. 



Note. — This contains the general laws with reference to 
holding and ascertaining the result of elections not repealed 
by the new laws. It does not contain the laws requiring cer- 
tain questions to be submitted to popular vote, or concerning 
contested elections, or for town, city and other special elections, 
or enumerating the qualifications of officers. 

Article II, Constitution of Indiana. 

Section 1. All elections shall be free and equal. dSmiSSSa. 

Sec 2. (As amended March 14, 1881.) In all elee- Q ualifications " 
tions not otherwise provided for by this constitution, necessary to 

... * _ __ . .. J _ ' entitle citizens 

every male citizen ot the United btates, ot the age otto vote, 
twenty-one years and upwards, who shall have resided 
in the State during the six months, and in the township 
sixty days, and in the ward or precinct thirty days im- 
mediately preceding such election, and every male of 
foreign birth, of the age of twenty-one years and up- 
wards, who shall have resided in the United States one 
year, and shall have resided in this State during the six 
months, and in the township sixty days, and in the 
ward or precinct thirty days immediately preceding 
such election, and shall have declared his intention to 
become a citizen of the United States, conformably to 
the laws of the United States on the subject of natur- 
alization, shall be entitled to vote in the township or 
precinct where he may reside, if he shall have been 
duly registered according to law. 

Sec 3. No soldier, seaman, or marine, in the army soldiers, 
or navy of the United States, or of their allies, shall be ^"^ J n 
deemed to have acquired a residence in the State in not vote - 
consequence of having been stationed within the same ; 
nor shall any such soldier, seaman, or marine have any 
right to vote. 

87 



SS aBKHLAX LAWS. 

Sic. 4. No person shall be deemed to have lost his 
■m rot residence in the State by reason of his absence, either 
inpuofic bSl- on business of this State or of the United States. 

Sec. 5. Abrogated March 14. 1881.) 

Sbcl 6. Every person shall be disqualified for hold - 
: - . . - _ 1S r office daring the term for which he may have been 
- , _ for " elected, who shall have given or offered a bribe, threat, 
or reward, to secure his election. 

Si:. 7. Every person who shall give or accept a 

ehaUenging to challenge to fight a duel, or who shall knowingly carry 

dSqaaSS' for to another person such challenge, or who shall agree to 

office. g ont f t £ e j>^. ate -j-q fight a duel, shall be ineligible to 

any office of trust or profit. 

Sec. B. The General Assembly shall have power to 
infamous deprive of the right oi suffrage, and to render ineligible 

crime may be * - , £ -~ - 

made to dis- anv person convicted ot an mtamous crime. 

qualify for of- Sbc : jg Q person holding a lucrative office, or ap- 

ij tMxvtrc ointment under the United S:;:r : . or under this State. 

nfid^by 1 t'hl shall be eligible to a seat in the General Assembly; nor 

[:?- - Y : y-\ shall any person hold more than one lucrative office at 

«*»*■ kf ~:he same time, except as bv this Constitution expressly 

ed. permitted: Pr inat omces m the militia, to 

which there is attached no annual salary, and the office 

of deputy postmaster, where the compensation does not 

exceed ninety dollars per annum, shall not be deemed 

lucrative: And pr:. ... That counties :_ fining 

less than one thousand polls may confer the office of 

Clerk. Recorder and Auditor, or any two of said offices, 

upon the same person. 

Sec. 10. No person who may hereafter be a collector 

Defaulters not or holder of public moneys shall be eligible to any office 

of trust or profit until he shall have accounted for, and 

paid over according to law, all sums for which he may 

be liable. 

Sac. 11. In all cases in which it is provided that an 
Pro tempore office shall not be filled bv the same person more than 
not pan :: ■ a certain number ot years continuously, an appointment 
reglllar t£r ~ port shall not be reckoned a part of that term. 

Sic. 12. In all cases, except treason, felony, and 
:? e breach of the peace, electors shall be free from arrest in 
going to elections, during their attendance there, and 
in returning from the same. 

Sbcl 13. All elections by the people shall be by bal- 
; of eiec-lot : and all elections bv tbe general assemblv, or either 
branch thereof, shall be i :.:'. 

Si:. 14. As amended March 14. 1SS1.) All general 

BombI eiec- elections shall be held on the first Tuesday after the first 

mEl n Monday in November ; but township elections may be 

held at such time as may be provided by law : Pro- 



CONCERNING ELECTIONS. 89 

tided, That the general assembly may provide by lawJudrea of 
for the election of all judges of courts of general andchS^n^tJiec- 
appellate jurisdiction, by an election to be held for such offices aione° h 
officers only, at which time no other officers shall be 
voted for; and shall also provide for the registration of 
all persons entitled to vote. 



PRESIDENTIAL ELECTION. 



STATUTORY PROVISIONS. 



Section 4769 R. S., 1881. ("Went into effect May l,Time of eie*- 
1853.) 1. The qualified electors of the State shall, on tlon ' 
Tuesday following the first Monday in November, ki 
the year 1852, and on Tuesday following the first Mon- 
day in November, in every fourth year thereafter, elect 
electors of president and vice-president of the United 
States ; which election shall, in all respects, be governed 
by the law regulating general elections. 

Sec 4770, lb. 2. The sheriff of each county shall No tic e,how 
give notice of the time of holding such elections, to- giVen. 7 w om 
gether with the number of electors to be elected, by 
publishing such notice in some newspaper within the 
county, or by written or printed notices to be set up at 
the usual places of holding elections in the respective 
townships, at least twenty days preceding the time of 
holding such elections. 

Sec 4771, lb. 3. Boards of elections in the several Certificate, 
townships or precincts, shall make out certificates, un- 
der their hands, certifying, in words, the number of 
votes that each person received for election, and the 
same shall be attested by the clerks of said election, 
sealed in the presence of such judges and put into the 
hands of the selected judges, who shall on the ensuing 
Thursday deliver the same to the clerk of the circuit 
court, or in his absence, to his deputy, or in their ab- 
sence, to the sheriff, who shall, in the presence of such 
judges in attendance, betwen the hours of twelve and 
six of said day, compare the different returns, and make 
out in words a certificate of the number of votes of each 
candidate for elector, received in the county ; which 
certificate shall be signed by the clerk, deputy, or sher- 
iff officiating, and be sealed with the seal of the circuit 
court of the county, and delivered by such clerk, dep- 
uty, or sheriff' to the marshal appointed to convey the 
same to the seat of government. 

Sec 4772, lb. 4 Each congressional district shall District*, 
compose one return- district, and shall be numbered as 
the districts are numbered when the votes are taken. 



90 GENERAL LAWS. 

Marshal. Sec. 4773, lb. 5. The governor shall, before the 

first day of October in each year in which such election 
is to be held, appoint some citizen in each district as 
marshal, who shall hold his office until the duties re- 
quired of him by this act are performed. 

Sec. 4774, lb. 6. Each marshal, before the first 

Affidavit of Monday in November following, shall make an affidavit 

on the back of his appointment that he will, without 

fraud or delay, perform the duties required of him by 

this act. 

Sec. 4775, lb. 7. Such marshals may appoint depu- 
Deputy mar- ties, who shall make the same affidavit on the back of 
shai. their appointment as is required of marshals ; and vacan- 

cies occurring in the office of marshal, by removal from 
the State or otherwise, shall be filled by the judge of 
the circuit court of the county in which such marshal 
resided. 

Sec 4776, lb. 8. Each marshal or his deputy shall 
Duties of mar- visit the county seats of the counties in his district, re- 
shai. ceive the returns thereof from the clerks, deputies or 

sheriffs officiating, and deliver the same on the fourth 
Monday in November following, between the hours of 
nine and eleven of said day, to the secretary of state, 
who in presence of the governor and all the marshals 
in attendance, between the hours of twelve and six 
o'clock on said day, shall compare such certificates and 
read aloud the number of votes each person has re- 
ceived, and make out an abstract of the persons voted 
for, and the number, in words, of votes given to each ; 
and the governor shall forthwith make out and transmit 
by mail to the persons having the highest number of 
votes, certificates of their election. But if more than 
the number of persons to be elected have the greatest 
and an equal number of votes, then the election of 
those having an equal number of votes shall be de- 
termined by lot, drawn by the secretary of state in the 
presence of the governor and marshals. 

Sec 4777, lb. 9. Such electors shall assemble in 
when to as-^ ne chamber of the house of representatives, on the first 
eembie there. Monday in December, or such other day as may be 
fixed by Congress to elect such president and vice-presi- 
dent, at the hour of ten o'clock a. m., and the governor 
shall then and there deliver to the electors present a 
certificate of the names of all the electors; and if any 
elector fail to appear before eleven in the morning of 
said day, the electors present shall by ballot, by a ma- 
Filling va-J or ity °f all present, fill such vacancy, which election 
cancy. shall be forthwith certified by a majority of the electors 

to the governor, who shall immediately notify such 
person of his election. 



CONCERNING EJECTIONS. 91 

Sec. 4778, lb. 10. Such electors when so assembled, The rote, 
and such vacancies are so filled, shall then and there 
proceed to vote by ballot for President and Vice-Presi- 
dent of the United States, and perform the duties re- 
quired by the constitution and laws of the United 
States. 

Sec 4779, lb. 11. The compensation of such elec- Compensation, 
tors and marshals shall be audited by the Auditor of 
State and paid by the State Treasurer out of any moneys 
not otherwise appropriated as follows, to-wit : Such 
electors as attend shall receive the same per diem and 
mileage as members of the general assembly; each 
marshal shall be allowed ten cents for every mile he 
shall travel in collecting said returns, and in going to 
and from the seat of government, to be computed by 
the nearest and most usual route from county seat to 
county seat, and from the seat of government to and 
from the county seat of the county in which he resides. 



GENERAL ELECTIONS. 



STATUTORY PROVISIONS. 



Sec. 4678. R. S. 1881. A general election shall be General eiec- 
held on the first Tuesday after the first Monday in No- heid,%hat h e£ 
vember in the year one thousand eight hundred and fices filled - 
eighty-two, and biennially thereafter on the same day, 
at which election all existing vacancies in office, and all 
offices, the terms of which will expire before the next 
general election thereafter, shall be filled, unless other- 
wise provided by law. 

Sec. 4679, lb. 2. The Clerk of the Circuit Court Certificate of 
shall, at least twenty days before such election, certify sheriff™* 106 ° f 
to the Sheriff' of his county what officers are to* be 
elected ; and such sheriff' shall give fifteen days' notice 
thereof, by posting up at all usual places of holding 
such elections, a copy of such certificate, and by one 
publication thereof in some newspaper of his county, 
if any there be, and by delivering a copy thereof to the 
Township Trustee of each township within the county. 
But no election shall be invalidated by the failure of 
such Clerk or Sheriff' in the performance of any of the 
duties enjoined by this section. 

Sec. 4680. it. S., 1881. All elections shall be free Qualification* 
and equal, and in all elections every male citizen of the ofelector - 
United States of the age of. twenty-one years and up- 
wards, who shall have resided in the State during the 

8— Laws. 



6E>-ERAL LAWS. 

six months, and in the township sixty days, and in the 
ward or precinct thirty days immediately preceding 
such election, and every male of foreign birth of the 
asre of twenty-one years and upwards, who shall have 
resided in the United States one year, and shall have re- 
sided in this State during the six months, aud in the 
township sixty days, and in the ward or precinct thirty 
days immediately preceding such election, and shall 
have declared his intention to become a citizen of the 
United States conformably to the laws of the United 
States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may re- 
side. 

Sec. 4631 R. S., 1881. 4. Every person undergoing 

who disfran- a sentence of imprisonment on conviction for any fel- 
ony or misdemeanor, shall be disfranchised during the 
period of such imprisonment. 

Sec. 4682, lb. 5. Xo soldier, seaman or marine, in 

Soldier, sea- the army or navy of the United States, or of their al- 

resSenS/ etc?" lies, shall be deemed to have acquired a residence in 
the State in consequence of having been stationed 
within the same ; nor shall any such soldier, seaman or 
marine have the right to vote. 

Sec. 4683, lb. Xo person shall be deemed to have 

when resi-lost his residence in the State by reason of his absence, 

s "either on business of this State or of the United States. 

Sec. 4684, lb. 7. In all cases, except treason, tel- 

Eieetors freeony, and breach of the peace, electors shall be free ironi 
arrest in going to elections, during their attendance 
there, and in returning from the same. 

Sec. 4706, lb. 28. If more persons are designated 

Defective bai- on any ticket to any office than are to be elected to 
such office, such part of the ticket shall not be counted 
to any of them ; but no ticket shall be lost tor waut of 
form, if the Board of Judges can determine to their sat- 
isfaction the person voted for and the office intended: 

informalities. Provided, That no ballot shall be rejected by reason of 
any misarrangement of initial letters, or misspelling of 
any christian or surname of any candidate ; but if the 
Board are able to discover to the satisfaction of a ma- 
jority thereof the person intended to be voted for, such 
ballot shall be counted. 

Sec. 4707, lb. 29. So Inspector, Clerk or Judge oi 

Restrictions any election shall vote after commencing to count the 
votes, nor publish any statement of the result of their 
counting until such election is closed. 

Sec. 4708, lb. 30. After the opening of the polls 

oVHe^eaJ^or-^ an ^ e ^ ect ^ on m tn ^ 3 State, no adjournment shall be 

W*m-. had, nor any recess taken, until all the votes cast at 



CONCERNING ELECTIONS. 

such election shall have been counted and the res 
publicly announced. 

Sec. 4709, lb. 31. It shall be the duty of the town- Meals for 

ship trustees in their respective townships to cause the fc " 
members of the Election Board in each township or 
precinct to be furnished with good, plain and substan- 
tial meals, at the regular hour- for meals, during the 
election day and until the eonnt is finished, bnt 
spirituous, vinous or fermented liquors shall be fur- 
nished. Such trustees shall be allowed and paid by the 
County Board the actual cost of such meals in their 
next regular account. 

Sec. 4712. lb. 34. "When the votes shall be counted* Certificate of 
the Board of Judges shall make out a certificate, under Judge; - 
their hands, stating the number of votes each person 
has received and designating the office, which number 
shall be written in words, and such certificate, together 
with one of the lis*:- : iters, and one of the tally 
papers, shall be deposited with the Inspector, or with 
one of the Judges selected by the Board of Judg «. 

Sec. 4713,2ft. 35. As soon as the votes are connte a of 

and before the certificate of the Judg - 3 '/lust 

the foregoing section, is made ont, the ballots, with :ers - 

of the lists of voters and one of the tally papers, si. 
in the presence of the Judges and Clerks, be carefully 
and securely placed by th I - r, in thejjresence 

_ -s. in a strong and stout paper e 
which shall then be tightly closed and well sealed with 
wax. by the Inspector, and shall be delivei snch 

Inspector to the Connty Clerk at the very earliest ssi- 
ble period before or on the Thursday i - ling 

said election, and the tor -hall securely k< 

envelope containing the ballots and papers therein and 
lit no one to open said envelope or touch or tamper 
with said ballot- or papers therein: and upon the de- 
livery of Buch envelope to the Clerk, said I: - 
shall take and subscribe an oath before Baid Clerk, that 
he has securely kept said envelope and the ballots and 

a : and that after said envelope had b 
closed and sealed by him in the pree _ 

and Clerks, he had oot BufFere i i >r permitted any pei - 
to break the seal, oi - envelope, or touch <>r 

tamper with said a or papers, and that no pers 

has broken a - al or op< nvelope t<» his 

knowledge, which oath Bhall 1 said < rk'a 

office with the other election pa] 

Sec. 4714. lb. 36. The ( Jlerk Bhall securely k rk, 

envelope so sealed with the ballot- and papers therein,*** 3 



94 



GENERAL LAWS. 



Further duty 
of Inspector. 



in the same condition as it was received by him from 
the Inspector, in his office, unless opened by said In- 
spector in the presence of the Board of Canvassers as 
herein provided, for the period of six months. But 
when such election is contested he shall preserve them 
so long as such contest is undetermined, subject to the 
order of the Court trying such contest : Provided, That 
said Inspector shall, after sealing said envelope contain- 
ing such ballots and one of his poll-books and tally 
paper, plainly mark said envelope upon the outside, in 
ink, with the name, number and township, and after 
each election the ballot-box herein provided for shall 
be, by said Inspector, deposited with the Township 
Trustee of the township in which his precinct is situ- 
ate, for safe keeping; and said officers of election shall, 
upon receiving the pay for their services as such from 
Keys to ballot- said Township Trustee, deliver to him the keys to said 
ballot-box in their custody. 



box 



BOARD OF CANVASSERS. 



Beard of can- Section 4715, R. S. 1881. 37. The Inspector of each 
vassers. township or precinct, or the Judge of Election, to whom 

the certificate, poll-book and tally papers shall have 
been delivered, as provided for in this act, shall consti- 
tute a Board of Canvassers, who shall canvass and esti- 
mate the certificates, poll-lists and tally-papers returned 
by each member of said Board, for which purpose they 
Meeting of. shall assemble at the Court House on Thursday next 
succeeding such election, between the hours of ten a. 
m. and six o'clock p. m. 



Officers of 
board. 



Duties of 
board. 



Sec. 4716, lb. 38. The members of such Board who 
shall assemble at such time and place, shall select One 
of their number as chairman, and the Clerk of the Cir- 
cuit Court shall act as their Clerk. 

Sec. 4717, lb. 39. Such Board, when organized, shall 
carefully compare and examine the papers entrusted to 
them, aggregate and tabulate from them, the vote of 
the county, a statement of which shall be drawn up. by 
the Clerk, and shall contain the names of the persons 
voted for, the office, the number of votes given in each 
township and precinct to each person, the number of 
votes given to each in the county, and also the aggre- 
gate number of votes given, which statement shall be 
signed by each member of said Board, which canvass 



CONCERNING ELECTIONS. 95 

sheet, together with such certificates, poll-books and 
tally-papers shall be delivered to the Clerk, and by him 
tiled in his office. The same shall be preserved by him, 
open to the inspection of any legal voter of the comity, 
or district, or State. 

Sec. 4718, lb. 40. Such Board shall declare the per- "Who selected 
son having the highest number of votes, given for any oertl cate *' 
office to be filled by the voters of a single comity, duly 
elected to such office, and certify the same in the state- 
ment above required. 

Sec. 4719, lb. 41. If two or more persons shall have Tie voie, cierk 
the highest and an equal number of votes for a single 
office to be filled by the voters of a single county, such 
Board shall forthwith declare that no person is elected 
to fill snch office, and shall certify the same in their 
statement ; and, when filed, the Clerk shall certify that 
fact to the tribunal whose duty it is to supply vacancies 
in such office, or to issue a writ of election to fill the 
same, as the case may require. 

Sec 4720, lb. 42. Xo tally-paper, poll-book or cer-Taiiy paper, 
tificate, returned from any election by the Board of pSffre- " 
Judges thereof, shall be rejected for want of form, nor jected ' when - 
for lack of being strictly in accordance with the direc- 
tions herein contained, if the same can be satisfactorily 
understood, and such Board of Canvassers shall in no 
case reject the returns from any precinct if the same be 
certified by the Board of Election of that precinct, as 
required by law, and presented to them by the Inspector 
or one of the Judges of said Board. 



CERTIFICATE OF ELECTION. 

Section 4729, R. S., 1881. 51. Each Clerk of the Cir- Governor and 
cuit Court shall, on the day following the return day ofalfv^no^Ve- 
an election for Governor and Lieutenant-Governor, {gj 18 of votef 
make out at full length, two certified statements, under 
the seal of his Court, of the number of votes each can- 
didate received, one of which lie shall transm.i1 to the 
Speaker of the House of Representatives of the next 
General Assembly, by his Senator or Representative, 
who shall deliver tin- same to the Speaker on or before 
the second day of the session, and the other certified 
statement shall be transmitted by mail to Indianapolis, 



96 GENERAL LAWS. 

directed to said Speaker, and to the care of the Secretary 
of State, by whom the same shall be delivered to the 
Speaker on or before the second day of the session. 

Certificate of Sec 4726, lb. 48. Clerks of the Circuit Court, on 
Iach S per«Hi!° the day succeeding the return day of such election, 
for Governor, s i ia n make out in words, certified statements, officially 
sealed, of the number of votes given to each person for 
Governor and Lieutenant Governor, for Representative 
in Congress, Judges of the Supreme and Circuit Courts, 
Clerk of the Supreme Court, Reporter of the decisions 
of the Supreme Court, Prosecuting Attorney, Superin- 
tendent of Public Instruction, Secretary, Auditor and 
Treasurer of State, and for Senator and Representative 
in the General Assembly, and shall deliver the same to 
some postmaster of the county, to be transmitted by 
mail to the Secretary of State, taking from such post- 
master, and filing, a certificate setting forth particularly 
the time when such certified statement was deposited 
in such postoffice. 

Secretary of Sec 4727, lb. 49. The Secretary of State shall, in 
pare e vo°te C s ™nd the presence of the Governor, compare and estimate 
Governor me t0 ^ e number of votes given for Judges of the Supreme 
Court, Reporter of the decisions of the Supreme Court, 
Clerk of the Supreme Court, Secretary, Auditor and 
Treasurer of State, and Superintendent of Public In- 
struction, and certify to the Governor the person re- 
ceiving the highest number of votes for such offices, 
and also compare and estimate the number of votes 
given for Judges of the Circuit Court and Prosecuting 
Attorneys, and certify to the Governor the persons 
having received the highest number of votes in their 
respective districts, and thereupon the Governor shall 
transmit by mail to such persons their commissions. 

Certificate of Sec 4723, lb. 45. When two or more counties 
Seiato? and r compose a district to elect a Senator or Representative, 
Repres'ntative tbe Clerks of the Circuit Court of such counties, on 
the day next succeeding the return day of such elec- 
tion, shall make out a certificate of votes received by 
each individual for Senator or Representatives, and de- 
clare the same to the Sheriff. 

Certificate of Sec 4724,76. 46. Such Sheriffs shall meet on the 

legator or Wednesday next following the return day of such elec- 

Represntatlve tion, between the hours of one and six of the afternoon, 

at the court-house of the oldest county in such district, 

where they shall compare the certificates delivered to 

them by the clerks, and shall jointly make out and 



CONCERNING ELECTIONS. 97 

transmit to the person having the highest number of 
votes, for Senator or Representative, a certificate of 
his election ; the county first organized, or if two or 
more were organized at the same session, then the 
county having, by the Auditor of State's last report the 
highest number of taxable polls, shall be deemed the 
oldest. 

Sec. 4725, lb. 47. If, in such case, any two or more Tie vote for 
persons shall have the highest and an equal number of | e e presenta- 
votes for the same office, such Sheriffs shall certify that tive - 
fact to the Clerk of the Circuit Court of the county in 
which such Sheriffs shall have compared such votes, 
and such Clerk shall forthwith certify the same to the 
Governor. 

Sec. 4729, lb. 50. The Secretary of State, as soon Sec'y of state 
as he shall receive such certified statements, shall com- vote^fo^lep- 
pare and estimate the votes given for Representatives in jesentative in 

f. ,-n ji & n ,i t Congress; Gov- 

Congress, and certify to tne Governor the person hav-emor's certifi- 
ing the highest number of votes, as duly elected; and cate of electl0n 
the Governor shall give to each of the persons returned 
to him, as aforesaid, a certificate of his election, sealed 
with the seal, and attested by the Secretary of State : 
Provided, That no return of any county which has come Proviso, 
into his hands, and which has been duly authenticated 
by the Clerk thereof, under seal, as hereinbefore pro- 
vided, shall be rejected by said Secretary of State, but 
he shall estimate, aggregate, and tabulate and re- 
port to the Governor the total number of votes cast in 
each county for each candidate for State office, Supreme 
Judge or other officer to be elected by all the voters of 
the State, and Members of Congress, as evidenced to 
him by the face of such returns so certified to him. 

Sec. 4721, lb. 43. Where any person is elected to an Certificate of 
office by the voters of a county, not to be commissioned clectlon - 
by the Governor, the Clerk of the Circuit Court shall, 
after ten days from the time the Board of Canvassers 
have made their return, make out and deliver, on de- 
mand, to such person, a certificate of his election ; and 
in case where any officer is to be commissioned by the 
Governor, he shall make out a statement, under his 
hand and the seal of his court, specifying the number 
of votes given to each person for each office, and who 
has been declared elected, and shall transmit the same 
by mail to the Secretary of State, within the time afore- 
said. 



98 



GENERAL LAWS. 



Commissions " Sec. 4722, lb. 44. No commission shall be withheld 
EeidfordJfects by the Governor on account of any defect or informality 
in returns. [ n the return of any election to the office of the Secre- 
tary of State, if it can with reasonable certainty be 
ascertained from such return what office is intended 
and who is entitled to such commission. 

Pay of election Sec. 4730, lb. 52. Each Inspector, Judge and Clerk 
of any election shall be allowed and paid two dollars 
for each day's service while attending such election and 
performing the duties of their respective offices, and 
the same rate for one day's services, and mileage at the 
rate of five cents per mile, going and returning, shall 
be allowed and paid to each member of the Board of 
Canvassers. 



CONCERNING ELECTIONS. 90 

SPECIAL ELECTIONS. 

STATUTORY PROVISIONS. 

Section 1731, R. S. 1881. (Went into effect Septem- Special eieo- 
ber 19, 1881.) 53. A special election shall be held in^* b6h,M ' 
the following cases : 

First. "Whenever a vacancy shall occur in the office 
of Senator or Representative during a session ; or, when 
the Legislature will be in session, after the occurrence 
of a vacancy, and before a general election. 

Second. Whenever a vacancy shall occur in the of- 
fice of representative in Congress while in session, or 
when Congress will be in session after such vacancy 
occurs, and before a general election. 

Third. Whenever two or more persons receiving 
votes at any election shall have the highest, and an 
equal number of votes for the same office. 

Fourth. Or whenever a vacancy occurs in any office 
required to be filled at a special election. 

Sec. 4732, lb. 54. Special elections not otherwise Governor to 
provided for, shall be ordered by the Governor, who efecuon, ''when. 
shall issue a writ or writs of election, directed to the 
Sheriff or Sheriffs of the proper county or counties, and 
such writ shall specify the county, district or circuit in 
which such election is to be held, the cause and object 
of such election, the name of the person whose office is 
vacant, and the day on which such election shall be 
held, which day shall be the same, in case such election 
is held in a district or circuit formed of two or more 
counties. 

Sec. 4733, lb. 55. The Sheriffs who receive such 
writs ordering a special election, shall give the sameNotioeby 
notice thereof as is required of general elections: Pro- h 
vided, Such notice may be set up and published ten 
days only. 

Sec. 4734, lb. 56. All special elections shall be con- 
ducted, returned, certified, canvassed, and certificates Special •!••. 
and commissions shall issue, and shall, in all respects, conducted. 
be governed by the provisions of this law regulating 
general elections, so far as applicable. 



VIOLATION OF ELECTION LAWS. 



PENAL STATUTES OF INDIANA. 



Section 2179, R. S., 1881. (Went into effect Septem- 
ber 19, 1881.) 263. Whoever, not having the legal Iiifxa] rot*, 
qualifications of a voter, at any election authorized by 



100 



GENERAL LAWS. 



AT&rments to 
♦loctiorii. 



Voting 



Coming into 
stsate to vote 
illegally. 



law to be held in this State for any office whatever, 
votes or offers to vote at such election, shall be iined 
not more than five hundred dollars nor less than ten 
dollars, imprisoned in the county jail not more than one 
year nor less than one month, and disfranchised and 
rendered incapable of holding any office of trust or 
profit for any determinate period. 

Sec. 1759, lb. 175. When an offense is committed 
in relation to any election, an indictment or information 
as to such offense shall be deemed sufficient if it allege 
that such election was authorized by law, without stat- 
ing the names of the officers holding the election, or the 
persons voted for, or the offices to be filled at such 
election. 

Sec. 2180, lb. 264. Whoever knowingly votes, or 
wrong precinct ff erg t vote, in any precinct or ward, except the one 
in which he resides, shall be fined not more than five 
hundred nor less than ten dollars, imprisoned in the 
county jail not more than one year nor less than one 
month, and disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate 
period. 

Sec 2181, lb. 265. Whoever passes from any other 
State into this State, and votes, or attempts to vote, at 
any voting precinct or ward of this State, not being at 
the time a bona fide resident of such voting precinct, or 
ward, shall be fined not more than one thousand dollars 
nor less than fifty dollars, imprisoned in the State 
Prison not more than five years, nor less than one year,, 
and disfranchised and rendered incapable of holding 
any office of trust or profit for any determinate period. 

Sec. 2182, lb. 266. Whoever hires, or solicits, any 
person to come from any State into this State for the 
purpose of voting at any election therein, or to pass 
from any county to another county, or from any town- 
ship into another township, or from any voting precinct 
or ward into another voting precinct or ward of the 
State, for the purpose of voting therein at any election 
held therein, such person, so solicited, not being a legal 
voter in such county, township, precinct or ward, shall 
be fined not more than one thousand dollars, nor less 
than fifty dollars, imprisoned in the State Prison not 
more than five years nor less than one year, and disfran- 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period. 

Sec 2183, lb. 267. Whoever votes more than once 
at any election in this State, either at the same precinct 
or ward, or at different precincts or wards, shall be fined 
not more than one thousand dollars, nor less than fifty 



Importing 

v&Urs. 



Vov. a • 
tkan once. 



CONCERNING ELECTIONS. 101 

dollars, imprisoned in the State Prison not more than 
five years, nor less than one year, and disfranchised and 
rendered incapable of holding any office of trust or 
profit for any determinate period. 

Sec. 2186, lb. 270. Whoever, being a Township r,- - IBW 
Trustee, Inspector, Judge of election or Clerk of elec-j \ 

:rs out of the ballot-box any ballot legally de- 
posited therein, for the purpose of destroying the same, 
instituting another in its place, or after the same 
has been legally taken out, intentionally destroys or 
rs the same with the intent to substitute another 
it therefor, or with the intent to prevent the same 
from being counted at such election, or knowingly en- 
ters upon the poll-books the name of any person who 
has not legally voted at such election, or intentionally 
tallies any" vote to any candidate not voted for by such 
ballot, or permits any one of these acts to be done, shall 
be fined not more than one thousand dollars, nor less 
than fifty dollars, imprisoned in the State prison not 
more than five years, nor less than one year, and dis- 
franchised and rendered incapable of holding office of 
trust or profit for any determinate period. 

Bbc. 2187, To. 271. Any Township Trustee, Inspec- or , eratttrimi 
tor or any person acting for or on behalf of any Trustee or w -«■. 
Inspector, while forming a Board of Canvassers or be- 
fore the canvassing of any Board of Canvassers, or after 
.. ijournment of any Board of Canvassers, who shall, 
i intent to cheat and defraud, alter any election re- 
turn, as made by the election board of any voting pre- 
cinct, either by increasing the vote of any candidate or 
reducing the same, or shall intentionally destroy, mis- 
.- or lose any poll-book, or tally-sheets, or any Clerk 
vjrt, who shall, with intent to cheat and defraud, 
change or alter in any way the vote of any candidate as 
returned by the Board of Canvassers, or any such 
Trustee. Inspector, Clerk or Deputy Clerk or other per- 
son acting for such persons, who shall consent to the 
same being done, or who shall permit the same to be 
■done, shall be fined not more than one thousand dollars, 
nor less than fifty dollars, imprisoned in the State 
| d not more than five years, nor less than one year, 
and disfranchised and rendered incapable of holding 
nice of trust or profit for any determinate period. 
. 2188, lb. 272. Whoever, being an Inspector or 
Judge of any Election held within this State, know- i -ux C » 
ingly and willfully or corruptly, refuses or neglects to ' "" T#; ' 
ve the vote of any legal voter, at any election held 
in this State, shall be fined not more than nve 



102 O&NERAL LAWS. 

hundred dollars, nor less than fifty dollars, and disfran- 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period. 

Sec. 2189, lb. 273. Whoever, being an Inspector, 

Officer per- Judge or Clerk of an Election, attempts to induce, 

Buniiinsor "by persuasion, menace or reward, or promise thereof, 

roter. any elector to vote for any person, the person so olrend- 

ing, shall be fined not more than one hundred dollars, 

nor less than ten dollars 

Sec. 2190, lb. 274. Whoever, being a Judge, In- 
oflicer opening spector, Clerk or other officer of an election, opens or 
or marking marks, by folding or otherwise, any ticket presented by 
such elector at such election, or attempts to find out the 
names thereon, or suffers the same to be done by any 
other person, before such ticket is deposited in the 
ballot box, shall be fined in any sum, not more than one 
hundred dollars, nor less than ten dollars, and disfran- 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period. 

Sec. 2191, lb. Tib. Whoever furnishes an elector 
Delving n- who can not read the English language, at an election 
iit«r»te voter, k^ p Ur8uan t to law, with a ticket which such person 
shall represent to such elector, as containing a name 
different from the one printed or written thereon, shall 
be fined not more than one hundred dollars nor less than 
ten dollars, and disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate 
period, 
causing per- Sec. 2192, lb. 276. Whoever fraudulently causes, or 
Jon trS-J°to hi8 attempts to cause any elector, at any election held pur- 
intention, suant to law in this State, to vote for a person different 
from the one he intended to vote for, shall be fined not 
more than one hundred dollars, nor less than ten dol- 
lars. 
using violence s EC . 2193, lb. Til. Whoever, for the purpose of in- 

brioery, etc., „ . 7 . ' i • . n • 

to affect eiec- nuencmg a voter, seeks, by violence or threats of vio- 
lence, or threats to enforce the payment of a debt, or to 
eject, or threaten to eject, from any house he may oc- 
cupy, or to begin a criminal prosecution, or to injure 
the business or trade of an elector, or, if an employer 
of laborers, of an agent of such employer, threatens to 
withhold the wages of or to dismiss from -service, any 
laborer in his employment, or refuses to allow to any 
such employe time to attend at the place of election 
and vote, shall be fined not more than one thousand 
dollars nor less than twenty dollars, imprisoned in the 
State prison not more than five years, nor less than one 
year, and disfranchised and rendered incapable of hold- 
ing any office of trust or profit for any determinate 
period. 



CONCERNING ELECTIONS. 103 

Sec. 2i94, lb. 278. Whoever, at any election, un- obtainin* fe*i- 
law fully, either by force, fraud or other improper means, forc b ° xe> f 
obtains or attempts to obtain, possession of any ballot 
box, or any ballots therein deposited, while the voting . 
at such election is going on, or before the ballots are 
duly taken out of. such ballot box and counted by the 
election board according to law, shall be fined not 
more than one thousand dollars, nor less than fifty dol- 
lars; imprisoned in the State prison not more than five 
years, nor less than one year, and disfranchised and 
rendered incapable of holding any office of trust or 
profit for any determinate period. 

Sec. 2195, lb. 279. Whoever unlawfully destroys or Destroying 
attempts to destroy any ballot-box used, any ballot or ballot*. ° X6 ' m 
vote deposited, or any poll-book kept at any election, 
shall be fined not more than one thousand dollars, nor 
less than fifty dollars, imprisoned in the State prison 
not more than five years, nor less than one year, and 
disfranchised and rendered incapable of holding any 
office of trust or profit for any determinate period. 

Sec. 2196, lb. 280. Whoever, by persuasion, menace inducing 
or reward, or promise thereof, induces or attempts to cpu D r ty°seatlJZ 
induce, any legal voter of any county to re-sign any tition * 
written or printed petition for the re-location of the 
county seat of any county, or any remonstrance against 
such re-location shall be fined not more than five hun- 
dred dollars, nor less than ten dollars, to which may be 
added imprisonment in the county jail, not more than 
six months, nor less than ten days, and he shall be dis- 
franchised and rendered incapable of holding any office 
of trust or profit for any determinate period. 

Sec 2197, lb. 281. Whoever, being a legal voter of 
any county, sells or barters or offers to sell or barter for 
money, property, or thing of value, or for any promise 
or hope of reward, given or offered by any person, his 
signature to any written petition for the re-location of 
any county seat, or to any remonstrance against such 
re-location, shall be fined not more than five hundred 
dollars nor less than ten dollars, to which may be added 
imprisonment in the county' jail not more than six 
months nor less than ten days, and he shall be disfran- 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period. 

Sec 2198, lb. 282. Whoever votes more than once 
at any election for the re-location of any county seat, or Railroad or 
for aid to any railroad, either at the same precinct or at SXtion'fyU- 
different precincts, shall be deemed guilty of a misde- ing mo " ***■ 
meanor, and on conviction shall be fined in any sum 
not more than fifty dollars, nor less than teu dollars. 



104 GENERAL LAWS. 

Sec. 2199, lb. 283. "Whoever buys, or offers to buy, 
B«ying rotes, either by himself or by any other person, or iurnishes 
any money or any other means to be used, or who shall 
permit his money or other means to be used, to hire, buy 
or induce any person to vote for or against the removal 
of a county seat, or for or against the appropriation of 
aid to any railroad ; or whoever attempts to induce any 
person to vote for or against such removal or appropria- 
tion, by offering any reward or favor, shall be deemed 
guilty of a misdemeanor; and whoever, being a voter of 
this State, sells or barters, or offers to sell or barter, for 
any money or property, or anything of value, or any 
promise or hope of reward given or offered by any per- 
son or persons, his vote for the removal or re-location 
of a county seat, or against such removal or re-location, 
or against such appropriation or in favor of such appro- 
priation for said railroad, shall be deemed guilty of a 
misdemeanor, and upon conviction of violating any of 
the provisions of this Section, the person so offending 
shall be lined in any sum not more than one hundred 
dollars, nor less than twenty-five dollars, and disfran- 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period not exceeding 
five years. 

Sec. 2200, lb. 284. Whoever gives or offers a bribe, 
Bribing to pro- threat or reward to procure his election to any office 
cure election. unc i er ^ e constitution or laws of this State, shall be 
fined not more than one thousand dollars, nor less than 
fifty dollars, and imprisoned in the State prison not 
more than five years, nor less than one year; and such 
person so offending, if elected to such office, shall be 
disqualified from holding office during the term for 
which he may have been elected, and also disfranchised 
for any determinate period. 
Bribing of Sec 2010, lb. 105. Whoever, with intent to cor- 

Jarl tion ° " rupt a grand or petit juror or a grand and petit jury, 
referee, master-commissioner, arbitrator, umpire, com- 
missioner to sell lands, or make partition of lands, ap- 
praiser of real or personal property, county commis- 
sioner, mayor of a city, or member of the common 
council of any city, or trustee of any incorporated 
town, trustee of any civil or school township, or any 
inspector, judge or clerk of election, or to influence him 
or them with respect to the discharge of his or their 
duty, either before or after he or they are summoned, 
elected, appointed, qualified or sworn, promises or offers 
him or them any money or valuable thing, and whoever, 
either before or after he is summoned, elected, ap- 
pointed, qualified or sworn as a grand or petit juror, 



CONCERNING ELECTIONS. 105 

referee, master-commissioner, arbitrator, umpire, com- 
missioner to sell lands or to make partition of lands, 
appraiser of real or personal property, county commis- 
sioner, mayor of a city, or member of the common 
council of any city, trustee of any incorporated town, 
trustee of any civil or school township, or inspector or 
judge or clerk of election, solicits or accepts any money 
or other valuable thing to influence him with respect to 
the discharge of his duties as such, shall be imprisoned 
in the state prison not more than fourteen years nor 
less than two years, fined in any sum not exceeding five 
hundred dollars, and disfranchised and rendered inca- 
pable of holding any office of trust or profit for any de- 
terminate period. 

Sec 2082, lb. 176. "Whoever makes any bet orBettin ? or 
wager, sells or purchases any pools, on the result of any p ° o1 ** ilii *' 
election held under the laws of this State, or upon the 
result of any State election, or upon the election of any 
person to any office, post or situation, or upon the elec- 
tion of President or Vice President of the United States, 
or of Senators or Representatives in Congress, or of any 
elector of President or Vice President of the United 
States, or sells or purchases any pools on the result of 
any horse-race, or trial of speed between men or ani- 
mals, or of any game, shall be fined not more than one 
hundred dollars nor less than five dollars, to which may 
be added imprisonment in the county jail not more than 
three months nor less than ten days. 

Sec 2080, lb. 174. Whoever, being an adult, by 
any device or pretense, entices any person under the indues mi- 
age of twenty-one years, knowing such person to be a nor * u f*^ 1 * 
minor, to engage in any game whatever for money or 
property of any value, or plays or bets at or upon any 
game or wager, or upon the result of any game or elec- 
tion, with a minor, knowing him to be such, shall be 
fined not more than one hundred dollars nor less than 
five dollars, to which may be added imprisonment in 
the county jail not more than one year nor less than 
thirty days. 

Sec 2098, lb. 190. Whoever shall sell, barter or 
give away, to be drank as a beverage, any spiritous, 
vinous, malt or other intoxicating liquor, upon Sunday, 
the fourth day of July, the first day of January, the 
twenty-fifth day of December, commonly called Christ- 
mas day, Thanksgiving day as designated by proclama- 
tion of the Governor of this State, or the President of 
the United States, or any legal holiday, or upon the day 
of any election in the township, town, or city where 
the same may be holden, or between the hours of eleven 



106 GENERAL LAWS. 

o'clock P. M. and five o'clock a. m., shall be fined in any 
budi not more than fifty dollars nor less than ten dol- 
lars, to which may be added imprisonment in the 
county jail not more than sixty days nor less than ten 
days. 

Ssc. 2099, lb. 191. It shall be unlawful for any 
Drorfiiti pro- druggist or druggist's clerk to sell, barter or give away 
any spiritous. vinous, malt or other intoxicating liquor 
on Sunday, or upon the Fourth day of July, the first 
day of January, the twenty-fifth day of December, com- 
monly called Christmas, Thanksgiving Day, or any legal 
holiday, or upon the day of any State, county, township, 
primary or municipal election in the township, town or 
city where the same may be holden, or between the 
hours of eleven o'clock p. m. and five o'clock a. m., of 
any day, unless the person, to whom the same is sold, 
bartered or given, snail have first procured a written 
prescription therefor from some regular practicing phy- 
sician of the county where the same is so sold, bartered 
or given away. And any person so offending shall be 
fined in any sum not more than fifty iollare nor less 
than ten dollars, to which may be added imprisonment in 
the county jail not more than sixty days nor less than 
ten davs. 



-):INDEX.K- 



Page. 
AUDITOR OF STATE— 
Issues warrant for expenses of State Board. 4S 

BALLOTS— 

Repetition of names on 4,44 

Form of 4,43,46,80 

Distribution of 4, 47 

Initials on 5,23,28,5(1 

How stamped 5. 11, 56, 81 

Folding. 5,11,56 

Complete pasters 5,12,57 

Mutilation of. 6, 59 

City and town elections 6 

Special provision of 22 

How counted 24,60.92 

Destruction of 24,52,60 

How candidate placed on 42 

Unauthorized issue of. 47,61 

Forgery of 61 

Distinguishing marks on 62. 63 

Revealing how voted 62,63 

Order of names on 80 

Not rejected for immaterial variance ... 92 

BALLOT BOXES- 

Furnished by County Commissioners ... 37 

Description of 14, 37. 38 

Breaking open a crime 76j 103 

BETTING ON EEECTIONS- 

Disqualifies for service on Board 36 

A penal offense 105 

BOARDS- 
See County Commissioners, County Boards 
of Election Commissioners, State Boards 
of Election Commissioners and Election 
Boards. 

BOOTHS- 

Construction of 9.53 

Furnished by County Commissioners . . 14J 53 
Voters occupy but five minutes 59 

BRIBERY- 

Civil action for 70-73 

Prosecution for • 73-76 

Cause for challenge 75 

CANDIDATES- 

Electionecrinz by . . 15. 73-76 

ss— how placed on ballots 15,42 

Special nominations of 16 

Order of on ballots 

Challenge of for bribery ... 
Must not be related to members of Elec- 
tion Board 34 

May withdraw 45 

CHAIRMEN NTY CENTRAL 

COMMITTEES- 

Duties of . 15 

Nominations by 15, 16 

Fill vacancies 16, 43, 47 

CHAIRMEN OF STATE CENTRAL 
COMMITTEES- 

Dnties of . . ■ 16 

Nominations by 41 

Fills vacancies 16,43,47 



Page 
CHALLENGERS— 

Compensation of 4.41 

Appointment of 16,41 

Stands at side of chute 16,41 

Causes for challenge 17, 53. 75. 7S 

Mode of challenging 17, 53 

CHUTE— 

Construction of 9,53,81 

city elections- 
how held 6,65 

Time of opening polls 14, 3S 

CONSTABLES- 
Election of 67 

CONSTITUTIONAL PROVISIONS— 

Qualification of voters 87, S8- 

Qualification of officials 88 

Elections to be by ballot 88 

Time of elections 88 

CORPORATIONS— 
Must allow employes time to vote 55 

COUNTY AUDITORS— 

Duties of 13 

Furnish blanks 13,35 

Publication by ... 13, 38 

Trustees file bond with. 68 

COUNTY BOARDS OF ELECTION COM- 
MISSIONERS— 

Nomination of 15, 42 

Constitution of 17, 42 

Prepare ballots 17,18,42 

Furnish instruction cards 18,51 

Furnish sample ballots 19,82 

Distribution of ballots by 19,2 " 

Destruction of ballots by 20,52 

Appointment of 21-42 

New supplies of ballots 52 

Special elections 64 

COUNTY CLERK- 

Duties of 20 

Publication by 4-21,45.45 

Registration by 1 

Appoints Election Commissioners . . .21,42 

Messenger for ballots 21.47 

Custodian of election papers . . 22,44,6 

Duties of in bribery suits 

Duties of in Presidential elections .... 89 

Certificate to Sheriff. 91 

Clerk of Board of Canvassers 

Certificates of election 

COUNTY COMMISSIONERS, BOARDS 0F- 

Publication by 3. 13. 33 

Establish precincts 

Appoint inspectors 

Fix time of opening polls 

Furnish ballot-boxes 14,37 

Provide polling places 14,52 

Expenses of elections 14,53 

COUNTY ELBCTIONS- 
To be held under general law 64 



108 



ELECTION LAW INDEX. 



Page. 
CRIMES— (See Penal Offenses.) 

ELECTION BOARDS- 

Appoint Poll Clerks 22, 35 

Oath of office 22, 35, 36, 37 

Provide ballots and furniture 22, 52 

Pasters, duties as to 22,47 

Onen ballot packages 23,50 

Open polls 23, 38, 40 

Examine ballot boxes 23, 38 

Control election Sheriffs 23,40,83 

May challenge voters 23, 53 

May call interpreter 23, 55 

Supervise balloting 23 

Close polls 23,38 

Destroy unvoted ballots 24, 60, 84 

Canvass the vote 24,60,84 

Certification of vote . . . 24, 60, 85, 93 

Custody of papers 25,60,64,85,93 

Must maintain secrecy 25, 62, 63 

Demand certificate of challengers .... 41 

When selected by voters. 36 

Inducing to violate law a felony 62 

Must not vote after commencing count. . 92 
Must not adjourn until count is finished . 92 
Meals furnished by Township Trustee . . 93 

ELECTION COMMISSIONERS-(See County 
and State Boards of.) 

ELECTION DAYS— 
Employes allowed four hours for voting . 5, 55 

Legal holidays 65 

Constitutional provision for 88 

ELECTION JUDGES- 
Nomination and appointment . . . . 16, 34, 35 

Oath of 27,35,37,62 

Compensation of 98 

ELECTION ROOM— 

Who may be in 6, 24, 30, 41 

Arrangement of 9, 52 

ELECTION SHERLFFS- 

Compensation of . 3, 41 

Nomination of , . 16, 41 

Attendance at polls 25, 40, 83 

Arrests by 25, 41, 55 

Controlled by Election Board 23, 40 

Appointment 29, 40 

ELECTORS— (See voters.) 

EMPLOYES— 

Time allowed for voting 5, 55 

Intimidation of, a felony 102 

GOVERNOR- 

Appoints Election Commissioners ... 26-41 

Custody of papers 26, 44 

Certifies nominations 26, 45 

Change of precincts reported to 33 

Appoints Marshals 90 

Issues commissions 97, 98 

Orders special elections 99 

IXSPECTOR- 

Appointment of 13,34 

Custody of papers 25, 28, 85, 86, 93, 94 

Qualifications of 26, 35, 36 

Appoint Judges • - .26,35 

Messenger for ballots 27,50,51,52 

Post cards and sample ballots 27 

Oath of . 27,36,38,62 

Opens ballot packages 27,50 

Chairman of Election Board 27,37 

Penalty for failure to act 51 

Compensation of 98 

INSTRUCTION CARDS- 

IIow prepared 18,51,81 

Posted by Inspector 27,51 

Forms for 18, 81 



INTERPRETER— 

May be called by Election Board 



Page. 

.23,55 



INTOXICATING LIQUORS- 
Must not be kept or sold in polling place.14, 53 
Must not be sold on election day . .. 105, 106 
Must not be furnished to Election Board . 93 



JUDGES OF ELECTIONS 
Judges.) 



JUSTICES OF THE PEACE- 
Proceedings by, on affidavits . . 

Elections of 

Proceedings by in bribery cases. 



(See Election 



. 55 

67 
70,73 



90, 91 



MARSHALS- 
Duties of in Presidential elections . 



NOMINATIONS— 

Duplieation of 4 

How made 42,44 

PASTERS- 
When and how used 22, 28, 47 

PASTER TICKETS- 

Purpose of 3, 6 

How used 5.12,47 

Form of ' . 57 

PENAL OFFENSES- 
Giving unlawful custody of ballots ... 47, 49 

Misprinting ballots 47 

Taking unlawful custody of ballots. ... 49 
Failure of messenger for ballots to ap- 
pear 49,52 

False affidavit 55, 76 

Refusing employe time to'vote 55 

False declaration 59 

Deceiving elector in marking ballot . . 59, 102 
Depositing marked ballot in box .... 59, 63 
Mutilation of ballot by official custodian . 59 
Removing ballot or stamp from election 

room 60 

Having ballot or stamp in possession ... 60 
Forging or destroying certificate of nomi- 
nation . 61 

Suppressing certificate of nomination. . . 61 

Forging indorsement on ballot 61 

Counterfeiting ballot 61 

Conspiring to violate election laws . . . 61 
Opening or destroying ballot packages . . 61 
Unlawful entry of election room . . 61 

Inducing voter to mark ballot unlawfully 62 
Revealing how an elector voted . . 62 

Inducing Election Poard to violate law 62, 104 
Removing or destroying election furniture 62 
Electioneering within fifty feet limit . . . 63 

Non-resident applying for ballot 63 

Showing a marked ballot 63 

Examining a marked ballot 63, 102 

Receiving ballot unlawfully 63 

Distinguishing mark on ballot 63 

Omnibus clause 63 

Bribery (civil action) ... 70-73 

Bribery 73-76, 102, 103, 104 

Personating another in registering .... 78 

Advising another not to register 78 

Attempting to vote without registering . 78 

Breaking open ballot box 76, 103 

Altering tally-sheet 76, 101 

Illegal voting 99, 100 

Importing voters 100 

Voting more than once 100, 103 

Refusing lawful vote 101 

Destroying or removing ballot 101 

Intimidating voter .102,103 

Betting on election 105 

Betting with minor on election . ... 105 

Selling intoxicating liquor on election day 

105, 106 
PETITIONS OF NOMINATION- 

Requisites of 42 

How a d when filed 44 



ELECTION LAW INDEX. 



109 



Page. 
POLL-BOOK HOLDERS- 

Compensation of 4,41 

Appointment of 16,41 

Privileges of 16,41,53 

POLL CLERKS- 

Signature of ballots 5,28,50 

Nomination of 16,35 

Qualifications of 28, 35 

Oath of 28, 37 

Duties as to voters 28-55, 59 

Duties in certifying vote 29, 60 

Compensation of 98 

POLLS— (See, also, Election Room.) 

Arrangement of 9,52 

Opening and closing 23, 38 

Who admitted to 24,30,41 

County Commissioners provide 14,52 



PRECINCTS- 
Notice of changes in 

How formed 

How changed . . . . 



PRESIDENTIAL ELECTIONS- 
Canvass of votes in 



PRINTER OF BALLOTS- 
Must follow law 
Must preserve ballots . 



.3,33 
13,33 
13,33 



, 90, 91 



29,47 
29,47 



PUBLICATION- 

Changes in precincts 3,33,80 

Lists of nominees 4,45 

Time of opening polls 13,38 

Special elections 46, 99 

Presidential elections 89 

General elections 91 

REGISTRATION- 

Object of 6,7 

"When and how made 10, 77 

RESIDENCE- 
What determines 



10 



ROAD SUPERVISORS— (See Acts of 1891.) 

SAMPLE BALLOTS- 

To be posted at polls 19, 27, 30, 51 

Description of 82 

SEAL- 
Boards of Election Commissioners must 

have 19, 30, 48, 50 

Of ballot packages mustjaot be broken. 23, 50, 60 

SECRETARY OF STATE - 

Duties of 29,46 

In Presidential elections 90 

As to joint Senators and Representatives . 97 
Tabulation of vote 97 



Page. 
SHERIFFS- 

Appoint Election Sheriffs 29, 40 

Duties in Presidential elections 89 

Duties in general elections 91 

Duties as to joint Senators and Represent- 
atives 96, 97 

Notice of special elections 90 

SPECIAL ELECTIONS- 

Ballots for 18, 64 

Laws governing 64, 65, 9y 

STATE BOARD OF ELECTION COMMIS- 
SIONERS— 

Distribution of ballots by 4,31,42,47 

Constitution of 30, 41 

Prepare ballots 30, 42 

Provide sample ballots 30 

Provide stamps 30, 48 

Destroy undistributed ballots 31 

Special messengers . 48,49 

Unauthorized issue of ballots 49 

Special elections 64 

town elections- 
How held 6, 65 

TOWNSHIP ASSESSORS-(See Acts of 1891.) 

When elected 67 

Term of 69 

TOWNSHIP ELECTIONS- 
Howheld 64 

TOWNSHIP TRUSTEES— 
Furnish meals to Election Boards .... 31 

Inspectors ex officio 31,34 

Election of 67 

Term of 69 

VACANCY ON BALLOT- 
How filled 16, 43, 47 

VIOLATIONS OF ELECTION LAW-(See 
Penal Offenses.) 

VOTERS- 

Registration of 6,10,77 

Swearing in 

Mode of voting . 11,12 

Assisted by Poll Clerks ...... 

Qualifications of 87, SS, 91,92 

WATCHERS- 
Excluded from election room 6 

WITNESSES TO COUNT— (See Watchers.) 
Who may be • 24,16 




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